Changes to Transfer of Undertakings

Changes to Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)

On Thursday 31 October the department for Business Innovation and Skills published draft legislation to amend the TUPE (Transfer of an Undertaking) regulations.

At this point no firm implementation date is set, but the regulations are proposed to take effect from a date to be confirmed in January 2014.

Following the implementation of the new regulations, the main changes will be:

  • employee liability information should be provided 28 days before the transfer, rather than 14 days as was previously the case.
  • there will be scope to negotiate changes to terms and conditions that derive from a collective agreement after 12 months from the transfer date
  • a change in the location of the place of work will be explicitly included within the ETO reasons and so would not necessarily lead to automatic unfair dismissal.