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

Heineken to invest £2.16m to improve eight Lancashire pubs The Old Oak Longridge, pic courtesy of The Old Oak

Heineken to invest £2.16m to improve eight Lancashire pubs

05 May 2026

2

£350m ‘Mini-Canary Wharf' gives Blackpool global appeal Blackpool Holiday Inn

£350m ‘Mini-Canary Wharf' gives Blackpool global appeal

05 May 2026

3

EG On The Move seals 27-site deal Zuber Issa, pic provided by EG On The Move

EG On The Move seals 27-site deal

01 May 2026

4

FWP’s community goal for Trafford FC is a winner Trafford FC plan

FWP’s community goal for Trafford FC is a winner

01 May 2026

5

Strong results in first year as EOT for Conlon Construction Conlon board includes Andrew Makinson, Lee Parry, Nadine Ng, Darren Lee, and chairman Guy Parker

Strong results in first year as EOT for Conlon Construction

30 Apr 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
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

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

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

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

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Society1 Open Coworking Day
LBV Hub Networking
06 May 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 16:00

The AI Lab: E-commerce
LBV Hub Seminars
08 May 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

Fire Warden Training
Logo.jpg.jpg
LBV Hub Seminars
11 May 2026

Fire Warden Training

Bell Lancaster, Cleveley House Farm, Miller Brow, , Forton, PR3 1DR

09:00 - 15:00

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026 - 14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio
8.png.png
LBV Hub Networking
20 May 2026 - 20 May 2026

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio

SOciety1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

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