TUPE changes for transferees: what should we expect?

By Paula Rome

On 10 January 2014, the amendments to the TUPE regulations were laid before parliament. Although many of the proposed major changes have been diluted, the amendments may well provide new areas for debate.

Transferees will be able to begin their consultations with employees for collective redundancies before the transfer. Since the timeframe for collective consultation can be up to 45 days, this will be useful for transferees. However, it remains to be seen how this will work in practice since the transferor must agree to the transferee consulting with its employees pre-transfer and can withdraw its consent at any time.

Further, if the transferee encounters difficulties such as a lack of access to transferring employees or a general lack of co-operation from the transferor and cancels its pre-transfer consultation as a result, it will not be able to re-start the process. This is not the easy solution transferees might have hoped for…

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