TUPE rules change as at 31 January 2014
A new set of requirements affecting business transfers and outsourcing came into force on the 31st January.
Changes at a Glance
Service provision changes
Change 1: The activities carried out under outsourced or tendered work must be “fundamentally the same” for TUPE to apply.
Contracts of employment
Changes to terms and conditions
Change 2: Altering contractual terms and conditions.
Change 3: Dismissals are no longer automatically unfair because of a change in the workplace location.
Change 4: Terms and conditions from collective agreements may be renegotiated after one year provided that overall the contract is no less favourable to the employee.
Change 5: In some circumstances contractual changes arising from new collective agreements agreed by the outgoing employer are not required to be incorporated after a transfer.
Dismissals and redundancies
Change 6: An employee will be automatically unfairly dismissed if the sole or principal reason for the dismissal is the transfer.
Change 7: Redundancy consultation can begin before the transfer if both employers agree.
Employee liability information (ELI)
Change 8: Information about transferring employees should
be given earlier.
Information and consultation rights
Who should be consulted?
Change 9: Businesses with fewer than 10 employees are not required to invite the election of representatives for consultation purposes if no existing arrangements are in place.