New Tupe regulations come into force

Changes to the Transfer of Undertakings (Protection of Employment) (Tupe) regulations come into effect on 31 January.

The new rules mean:

  • Changing employees’ terms and conditions of employment after a Tupe transfer will be easier, albeit in limited situations
  • Changes to terms and conditions of employment derived from collective agreements will be possible, as long as certain conditions are met
  • Collective redundancy consultation before a Tupe transfer will be possible, provided the transferee notifies the transferor in writing and the transferor agrees. This will speed up the process of agreeing redundancy packages
  • Where the place of work changes after the transfer, any redundancies due to that change will not be automatically deemed unfair.

 The government confirmed these changes in September 2013 in response to a consultation earlier in the year.

Jacqueline McCluskey, a partner at HBJ Gateley, said: “The new streamlined Tupe model will make it quicker and more cost-effective for employers to get the correct structure in place after the transfer, whether in a business acquisition or outsourced contract, through the more fluid process put forward under its changes.

“That is a positive step for businesses looking for quick turnaround on acquisitions or outsourced contracts.”