TUPE Changes

The government’s proposed changes to TUPE are now likely to be published next month, with a view to them coming into force in January 2014.

The proposed changes are expected to include:-

  • repealing regulation 3(1)(b) (the ‘service provision change’ definition of a transfer)
  • repealing regulations 10 and 11 (employee liability notification requirements)
  • amending the meaning of ‘economic, technical or organisational reasons entailing changes in the workforce’
  • allowing TUPE consultation to satisfy collective redundancy consultation requirements
  • allowing microbusinesses to inform and consult directly with employees (rather than electing employee representatives)
  • closing a loophole relating to the transfer of pensions

Many of these changes will be relevant to businesses of all sizes, and the repealing of ‘service provision changes’ is particularly significant.

We will provide further details of the changes once they are published.