The Collective Redundancies and Transfer of Undertakings (Protection of Employment)(Amendment) Regulations 2014 will come into force on 31 January 2014. These regulations will make amendments to both TUPE and to the Trade Union and Labour Relations (Consolidation) Act 1992.
The main changes are:-
- Where a Transferor is proposing redundancies post transfer, to allow them to commence consultations prior to the transfer
- To make it clear that a change of location does constitute an ETO (Economic, technical or organisation) reason. Previously there was some doubt as to whether this was the case, meaning that a change of location could lead to an automatically unfair dismissal
- To make it easier to change terms and conditions by allowing changes which are for an ETO reason, provided the employee agrees to the change or because the terms of the contract permits the employer to make the change. Under current TUPE, such changes are not permitted, even if the employee consents
- Allowing terms incorporated from collective agreements to be varied, provided that more than a year has passed since the transfer and further provided that overall the new contract is no less favourable
- A change in the deadline for the provision of employee liability information, from 14 days prior to the transfer to 28 days prior to the transfer (for transfers taking place on or after 1 May 2014)
- To allow micro businesses (businesses with fewer than 10 employees) to consult with employees directly where there are no existing employee representatives or recognised trade unions (for transfers taking place on or after 31 July 2014)
In addition to the above, there are a number of further, technical changes which are beyond the scope of the above summary. However, if you want further or more detailed advice on the changes, then please let us know.