TUPE and Collective redundancy consultation

 

From 31st January 2014, new regulations implementing changes to TUPE came into force. The key changes for employers are as follows:

 

  • The previous rules on service provision changes (SPC) remain but the new regulations clarify that for there to be a SPC, the activities carried on after the change must be ‘fundamentally or essentially the same’ as those carried on before it.

 

  • The requirement on the transferor (the outgoing business) to provide the transferee (the incoming business) with employee liability information will be retained, but the information will have to be given 28 days before the transfer, instead of the previous 14 days

 

  • The transferee will also be able to change terms derived from pre-existing collective agreements from one year after the transfer, provided that the overall change is no less favourable