New regulations to provide employers with more rights during takeovers

By Linder Myers

05 Feb 2014

Businesses who are considering, or are subject to, mergers or acquisitions will have more flexibility with regards to transferring employees following recent changes to TUPE Regulations which came into effect on 31st January.

First introduced in 1981 and previously updated in 2006, TUPE sets out guidance for businesses on how to effectively manage the transfer of employees in the event that they either takeover another business or are themselves acquired or are merging to facilitate growth.

David Southern, employment partner at Linder Myers in Lancashire, said: “The economic environment has changed considerably since TUPE was last reviewed and updated in 2006. With a growing number of mergers and acquisitions, the new regulations are timely and should make transfers easier for employers with greater flexibility provided while continuing to protect employees’ rights.

“The changes to TUPE include significant amendments relating to changing contracts of employment and managing dismissals and redundancies. Employers who are acquiring another business can now renegotiate the terms and conditions from collective employee agreements one year after the transfer completes provided that the new contracts are no less favourable to the individuals involved.

“Any dismissals which take place as a result of a change in the location of the workplace will now not be automatically treated as unfair, while any redundancy consultations can now commence before a transfer and continue following completion of the deal giving employers more time to properly and fairly consult with affected staff. Overall, the changes are good news for business owners while continuing to protect individuals in these circumstances.” Business owners should also be aware that the new regulations include provisions protecting employees from being dismissed if the sole or principal reason is the transfer. Employers also need to be aware that whilst the changes to TUPE do provide greater flexibility, employees will continue to be protected by the ordinary laws relating to unfair dismissal, changes to contracts of employment and redundancies, which remain unaffected.

Enjoyed this? Read more from Linder Myers

Latest news

1

Airframe Designs to play key role in world water speed record attempt ames Hodgkiss Jerrod Hartley And Chris Fleet Of Airframe Designs In The Longbow Workshop

Airframe Designs to play key role in world water speed record attempt

27 Nov 2025

2

Lancashire businesses react to Autumn Budget announcement Roger Philips

Lancashire businesses react to Autumn Budget announcement

26 Nov 2025

3

Reeves delivers £26bn tax rise Budget UK Parliament Budget photo

Reeves delivers £26bn tax rise Budget

26 Nov 2025

4

Seven Lancashire towns on list of target locations for new M&S Food stores M&S Food Stores

Seven Lancashire towns on list of target locations for new M&S Food stores

26 Nov 2025

5

Lancaster University to receive nation’s highest education honour Micro:bit Educational Foundation created by Lancaster University

Lancaster University to receive nation’s highest education honour

26 Nov 2025

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
CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

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

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

Chamber Breakfast Networking – December
Logo.jpg.jpg
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

Chamber Breakfast Networking – December

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

The Business Network Central & East Lancashire
LBV Header (27).png.png
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:15 - 14:30

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