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

Businesses hear inspirational tale as part of Funding Unlocked event

Businesses hear inspirational tale as part of Funding Unlocked event

04 Nov 2026

2

Group First acquires Northlight freehold Northlight Grounds

Group First acquires Northlight freehold

04 Nov 2026

3

Vincents Solicitors acquires Worralls Vincents

Vincents Solicitors acquires Worralls

04 Nov 2026

4

City’s £1.55m funding to tackle derelict buildings Former Larder Property Lancaster Road

City’s £1.55m funding to tackle derelict buildings

03 Nov 2026

5

Gym Gear acquired by Findel Established Gym Gear Has Earned An Excellent Reputation Over Its Past 21 Years Of Trading

Gym Gear acquired by Findel

03 Nov 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
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Funding Unlocked
IMG_3058.jpeg.jpg 04 Nov 2026

Funding Unlocked

Accrington Stanley FC, Accrington , BB5 5BX

10:00 - 12:30

Lancashire Construction Connections
1790691579952.jfif.jpg 05 Nov 2026 - 05 Nov 2026

Lancashire Construction Connections

Holmes Mill, Clitheroe, BB7 1EB

14:00 - 17:00

Breakfast Social and Coworking Day: November
Brekfast social Nov Creative lancs small.png.png 05 Nov 2026

Breakfast Social and Coworking Day: November

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Clubhouse Business Network sponsored by Orca Finance - November 2026
Club House Padel 05 Nov 2026

Clubhouse Business Network sponsored by Orca Finance - November 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Immigration changes on the horizon - what HR teams need to know
Immigration webinar.png.png 10 Nov 2026

Immigration changes on the horizon - what HR teams need to know

Online, via Microsoft Teams

12:00 - 12:45

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance
Untitled design (11).png.png 10 Nov 2026

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance

Online - Microsoft Teams

11:00 - 11:45

Preston Tech Connection: People Behind The Ideas
11 Nov 2026

Preston Tech Connection: People Behind The Ideas

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin