By Charles Pigott
The new TUPE regulations taking effect from January this year introduce a number of amendments that could have considerable importance for charitable organisations.
New regulations changing the law on transfers of undertakings took effect in stages from the end of January 2014. As well as more technical drafting changes, there have been a number of amendments that could have considerable importance for charitable organisations. These include the following (all apply to transfers taking effect from 31 January 2014 onwards).
The regulations have been amended to reflect a ‘static’ approach to collectively agreed terms following a transfer. That will mean that only those terms agreed at the date of the transfer will bind the transferee. Transferred employees will not have the benefit of terms agreed after the transfer as part of the pre-transfer collective bargaining machinery, unless the transferee is able to participate in this…
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