09 / 9 / 2013 9.15am
The government want to improve the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations so they do not reduce the flexibility, effectiveness or fairness of the labour market.
Changes to TUPE will include:
• allowing renegotiation of terms agreed in collective agreement one year after transfer, provided that overall the change is no less favourable to the employee;
• clarifying that for TUPE to apply, the activities carried on after "Service Provision Changes" must be "fundamentally or essentially the same" as those carried on before them;
• confirming that the change in location of staff can be within the scope of an ETO reason entailing changes in the workplace, and so preventing genuine place of work redundancies from being automatically unfair.
Further information is on the proposed changes to TUPE is available from the BIS website.