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

Lancashire engineering firm teams up with Icelandic energy company Ritherdon deal with Icelandic energy company

Lancashire engineering firm teams up with Icelandic energy company

06 Mar 2026

2

Burnley chosen for second-ever digital and tech festival Leon Caverley Door4 Mark Edwards Seriun Cat Mawdsley Northern Reach Dave Walker and Liz Wilkinson Brandlifi

Burnley chosen for second-ever digital and tech festival

05 Mar 2026

3

CRC Evans accelerates global growth strategy Steven Mackay

CRC Evans accelerates global growth strategy

05 Mar 2026

4

Star Academies set to anchor £45m Blackburn town centre scheme The regeneration in Blackburn

Star Academies set to anchor £45m Blackburn town centre scheme

05 Mar 2026

5

Forbes buys specialist employment practice in growth move Pauline Wild, Nick Jones, Jonathan Holden, Dan Bickerstaffe,Simon Ost

Forbes buys specialist employment practice in growth move

04 Mar 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

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

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

Sub36 Networking - Outdoor Elements
Sub36
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 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

Bay Hospitality Forum
Logo.jpg.jpg
LBV Hub Networking
11 Mar 2026 - 11 Mar 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Lancaster, LA1 1TZ

10:00 - 12:00

Red Rose Awards 2026
Rra26 Logo315x315
Awards
12 Mar 2026

Red Rose Awards 2026

Winter Gardens Blackpool

18:00 - 02:00

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe
Logo.jpg.jpg
LBV Hub Dinners / Balls
13 Mar 2026 - 13 Mar 2026

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe

Morecambe Football Club, Morecambe, LA4 4TB

11:00 - 14:00

Payroll Update 2026 Red Hall Hotel
Payroll calculator new.jpg.jpg
LBV Hub Seminars
13 Mar 2026 - 13 Mar 2026

Payroll Update 2026 Red Hall Hotel

Red Hall Hotel, Bury, BL9 5NA

08:00 - 10:00

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