TUPE changes U-turn: evolution not revolution

By Simon Fennell

The government has confirmed that amendments will be made to the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006, early next year. However, the service change provisions will not be repealed as had previously been expected.

Two years on from announcing its intention to overhaul the TUPE Regulations, the Department for Business Innovation and Skills (BIS) has finally confirmed the changes it intends to make to the legislation in its response to the public consultation.

Much against expectations but, to the relief of many, the service change provisions imposed by TUPE will be retained despite the government’s view previously expressed that these represented unnecessary ‘gold plating’ of European law…

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