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TUPE changes pushed back but still very much happening

The Department for Business, Innovation and Skills (BIS) has announced that revisions to the existing Transfer of Undertakings (Protection of Employment) Regulations are now likely to come into force in January 2014; the amendments were originally intended to be implemented in October 2013.

The governments does still however plan to publish its response to the consultation on the proposed changes in September 2013, which should act as a clear barometer as to what the finalised legislative revisions will be.

The current proposed TUPE changes include a repeal of the much hated (at least by certain employers) Regulation 3(1)(b) which relates to service provision changes such as an outsourcing situation. It is also proposed that there be a repeal of the requirement for the relevant transferor company to provide employee liability information (Regulations 10 and 11) in addition to allowing microbusinesses to consult directly with employees rather than requiring the election of employee representatives.

BIS confirmed that while it is still firming up the above timescale, it does plan to put the amended draft regulations before Parliament in December 2013, which would tie in with its estimate of them coming into force in January 2014.

Stay tuned, for as always there are likely to be more twists and turns on the road to the finished legislation. 

If you are undergoing a TUPE transfer and need help in either implementing or understanding it please do not hesitate to contact me on 0113 350 4030 or at samira.cakali@scesolicitors.co.uk.

Samira Cakali

Samira Cakali is a pragmatic and approachable solicitor advocate with extensive contentious and non-contentious experience in the fields of employment law as well as civil litigation, within a range of commercial businesses from SME’s to multinationals as well as senior executives.

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