Be ready for changes to TUPE

By Taylors Solicitors

29 Jan 2014

TUPE is an area of employment law that many companies will remain blissfully unaffected by, but if you're an employer involved in service outsourcing, mergers, acquisitions or transfers, then TUPE will be a major consideration and, potentially, a major cost.

New amending regulations affecting TUPE and collective redundancies will come into force on 31 January 2014 so here are the important points that you need to be aware of under these new regulations in order to help to protect your business.

There has been an increase in the deadline for the old employer to supply employee liability information to the new employer, from 14 to 28 days before the transfer. Whilst this is a step in the right direction, it is still unlikely to be soon enough for most transferees. There is still no obligation in law (outside of any contracts) for outgoing providers to disclose their staff information when their contracts are being re-tendered.

The relevant definition of a 'service provision change' transfer will be changed. It will now explicitly state that, for there to be a relevant transfer, the activities to be carried out by the new service provider must be fundamentally the same as those that were carried out by the person who has ceased to carry them out. This change is consistent with recent case law developments in this area.

There will also be changes to the provisions which protect employees from dismissal or from changes to their contracts of employment for reasons connected with a relevant transfer. TUPE will not prevent agreed variations of contracts if the sole or principal reason for the variation is an economic, technical or organisational reason entailing changes in the workforce. The new regulations also recognise that some variations by the transferee will be permissible under the employees' transferring contracts of employment.

It is now possible to vary the terms incorporated from collective agreements that transfer with the employees when more than a year has passed since the transfer, subject to certain conditions.

Transferees will now not be bound by the outgoing employer's post-transfer operation of collective agreements. This refers to pay and benefits etc. if the transferee is not also a participant in the collective bargaining process for that agreement or provision.

Micro-businesses will now be permitted to inform and consult employees directly when there are existing appropriate representatives. This means that these businesses will avoid the need to hold employee representative elections.

The Trade Union and Labour Relations (Consolidation) Act 1992 has been amended. A transferee may meet the requirements for collective redundancy consultation, if the transferor agrees, by consulting (or by starting to consult) representatives of transferring staff about proposed collective redundancies prior to the transfer taking place. The Taylors Employment team is expert in TUPE and managing the process to protect employers; if you would like to find out more about our services, please contact Will Clayton, Head of Employment at [email protected]

Latest news

1

Ameon named as new founder patron of Vault Youth Zone Tim Jacques chief executive Vault Youth Zone and Scott Andrews director Ameon

Ameon named as new founder patron of Vault Youth Zone

23 Feb 2026

2

Insolvency statistics show an increase in corporate distress Mark Davies

Insolvency statistics show an increase in corporate distress

23 Feb 2026

3

Science in Sport and Loughborough University extend partnership in performance nutrition Loughborough Sports

Science in Sport and Loughborough University extend partnership in performance nutrition

23 Feb 2026

4

Plans to acquire new build homes for council housing Houses under construction

Plans to acquire new build homes for council housing

19 Feb 2026

5

BAE records record sales as orders soar Typhoon courtesy of BAE Systems

BAE records record sales as orders soar

18 Feb 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Central Lancashire

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Armed Forces Covenant Business Engagement
Logo.jpg.jpg
LBV Hub Seminars
24 Feb 2026 - 24 Feb 2026

Armed Forces Covenant Business Engagement

Morecambe Football Club, Morecambe, LA4 4TB

09:00 - 15:00

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin