27th June 2014

Understanding TUPE Changes

This month, ACAS has kindly published guidance on how to handle TUPE transfers. This is nice news for those of us who feel ill every time somebody mentions this area of employment law.

TUPE is an acronym used to describe the Transfer of Undertakings (Protection of Employment) Regulations 2006 and related legislation. The law in this area protects employees’ rights when the business they work for transfers to a new employer.  The regulations apply to what are known as ‘relevant transfers’ which may occur in many situations. The two broad categories are business transfers and service provisions changes, with each having their own definitions within the legislation.The past decade has seen a rise in organisational restructuring, particularly the use of outsourcing, therefore employers must be aware of the law in this area. TUPE has impacts for the employer who is making the transfer (the old employer) and the employer who is taking on the transfer (the new employer). The new ACAS guidance can help you to understand the changes and how they affect your business.

On 31 January 2014 new regulations on TUPE, the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014, came into effect and updated the 2006 regulations. Among other things, the new regulations change the definition of service provision, and the rules on terms and conditions changes.

A summary of the 2014 changes can be found at this link:

http://www.acas.org.uk/media/pdf/l/1/9908-2901767-TSO-ACAS-TUPE_is_changing-ACCESSIBLE.pdf

The ACAS guidance can be found here:

http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

And finally, ACAS have a useful flowchart:

http://www.acas.org.uk/media/pdf/m/t/Table-of-4-key-stages-TUPE-process.pdf

Bear in mind that TUPE remains a complicated area of employment law and you may wish to seek legal advice to ensure that all of its requirements are met.

Cheryl Hogg 
Trainee Solicitor – Employment Law

 

 

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