Wednesday, January 22, 2014

Significant Changes to TUPE for 2014

Summary of changes relating to TUPE

At the start of the year, we thought we'd take some time to go through some key changes that you need to be aware of that are happening in 2014. The Government's timetable is always changing, but here's a summary of the changes relating to TUPE that are intended to take place at the end of the month.

TUPE

Significant changes to TUPE will come into force on 31 January 2014, including:
*        Obligations relating to provide employee liability information will remain, but the information will need to be given 28 days rather than 14 days before the transfer.
*        Change of work place location will be an Economic, Technical or Organisational (ETO) reason. Therefore genuine place of work redundancies will no longer run the risk of being automatically unfair.
*        Service provision changes will remain in place. However, the law will be clarified as to when a service provision change will apply.  For TUPE to apply the activities carried on after the change must be 'fundamentally or essentially the same' as those carried on before it.
*        Changes to terms and giving protection against dismissal will no longer apply to changes made for "transfer-related reasons".
*        Micro-businesses will be allowed to inform and consult with their employees directly where there is no recognised independent union or existing appropriate representatives.

For further information, and to talk through any of these issues that may be affecting your business, please do get in contact with us on 0845 9000 899.