New TUPE guidance published

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17 / 1 / 2014 4.05pm

The guide follows the Government's decision to proceed with changes to TUPE, after a consultation in 2013.

The changes to be made by the new Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 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 economic, technical or organisational (ETO) reason entailing changes in the workplace, and so preventing genuine place of work redundancies from being automatically unfair.

Further information on the proposed changes to TUPE is available on the web pages.

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