TUPE and Collective Redundancy Changes: Regulations and Guidance Published

Regulations making changes to TUPE and collective redundancy laws have been laid before Parliament and will come into force on 31 January 2014.  Revised guidance has also been published. 

There are three main changes from the draft Regulations published in October 2013 as follows:  

• transferee employers who elect to carry out pre-transfer collective consultation on redundancies, but then change their minds, will be able to cancel their election but will not be able to make a further election. They will instead have to wait until after the transfer, when the employees will have transferred to their employment, and start again from scratch at that point; 
• changes to terms will be void and dismissals automatically unfair where the “sole or principal” reason for the change or dismissal is the transfer. The words “sole or principal” did not appear in the draft Regulations, although they do appear in TUPE 2006. The revised wording makes it clear that the transfer does not have to be the only reason for a change or dismissal in order for the change to be void or the dismissal automatically unfair, bringing it into line with TUPE 2006; and
• the increase in the period for providing employee liability information, from 14 days to 28 days before the transfer, will apply where the transfer takes place on or after 1 May 2014 (previously 30 April 2014).

The Government has also published its revised guidance.  

For further information on the changes, see our earlier update. 

Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014