Changes to TUPE now planned for January 2014
A spokesman for the government has indicated that a response to the consultation on the proposed changes to TUPE will be published in September 2013. The government intends to lay draft regulations before Parliament in December 2013, to come into force in January 2014. Originally these changes had been intended for October 2013.
The proposed changes are expected to include:
- Repealing the “service provision change” provisions, under which contracting out, contracting in and retendering exercises were expressly brought within the scope of TUPE. It is anticipated that there will be a transitional period before this change is made.
- Removing the obligation to provide employee liability information, but making it clear that the transferor should disclose information to the transferee where it is necessary for either party to comply with their information and consultation obligations.
- Changing the wording of the provisions restricting changes to terms and conditions and giving protection against dismissal to reflect the wording of the Directive and ECJ case law more closely.
- Amending the meaning of “entailing changes in the workforce” to include changes in the location of the workforce.
- Providing that the transferee can consult on collective redundancies with the transferring employees prior to the transfer.
- Allowing micro businesses to inform and consult with employees directly in certain circumstances.
- Limiting the future applicability of terms and conditions derived from collective agreements to one year from the transfer.