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

Barons Contract Furniture announces strategic expansion with major investment in Leyland Barons Furniture expansion

Barons Contract Furniture announces strategic expansion with major investment in Leyland

19 Mar 2026

2

Pleasure Beach Resort urges support for the tourism sector as it launches its 130th season Late night at Pleasure Beach resort

Pleasure Beach Resort urges support for the tourism sector as it launches its 130th season

19 Mar 2026

3

CoolKit delivers temperature-controlled fleet for Eurofins UK Eurofins van created by Coolkit

CoolKit delivers temperature-controlled fleet for Eurofins UK

18 Mar 2026

4

Blackpool listed by government as potential City of Culture 2029 City of Culture bid

Blackpool listed by government as potential City of Culture 2029

18 Mar 2026

5

Ormskirk tour operator charters aircraft for stranded long-haul travellers across Asia Liz Reddy Head Of Product Ewan Moore Finance Director Louise Moss head of service delivery in front of chartered plane

Ormskirk tour operator charters aircraft for stranded long-haul travellers across Asia

17 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
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 Outdoor Elements Logo1920x1008
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

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

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

Exploring Debt Finance: Unlocking SME Growth
LCC Event Logos
LBV Hub Exhibitions
24 Mar 2026

Exploring Debt Finance: Unlocking SME Growth

Farleys Solicitors, 3 Mead Way, Shuttleworth Mead, Padiham, Burnley, BB12 7NG

09:00 - 12:00

The Marketing Meetup Lancashire
TMM Lancs - 27th Jan.jpg.jpg
LBV Hub Networking
25 Mar 2026 - 25 Mar 2026

The Marketing Meetup Lancashire

Six Connections, One Slater Terrace, Burnley, BB11 1BU

18:00 - 20:00

Invest in Pendle: A Live Celebration Event
Northlight photograph
LBV Hub
25 Mar 2026

Invest in Pendle: A Live Celebration Event

The Leisure Box, Northlight Mill, Glen Way, Nelson, BB9 5NH

12:00 - 14:00

The Employment Rights Act 2025: What you need to know
Logo.jpg.jpg
LBV Hub Seminars
26 Mar 2026 - 26 Mar 2026

The Employment Rights Act 2025: What you need to know

Lancaster & Morecambe College, Lancaster, LA1 1TZ

08:00 - 10:00

90 Day Business Planning Workshop
LBV Hub Networking
27 Mar 2026 - 27 Mar 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

The Ultimate Music Quiz
Logo.jpg.jpg
LBV Hub Fundraisers
27 Mar 2026 - 27 Mar 2026

The Ultimate Music Quiz

Morecambe Football Club, Morecambe, LA4 4TB

19:00 - 22:30

Lancashire Business Expo 2026
SE, Lancashire 2025.png.png
LBV Hub Exhibitions
27 Mar 2026 - 27 Mar 2026

Lancashire Business Expo 2026

Sir Tom Finney Sports Centre, Preston, PR1 2HE

09:00 - 15:00

RISE - a tailored 6 month leadership programme for women across the North West
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
15 Apr 2026 - 15 Apr 2026

RISE - a tailored 6 month leadership programme for women across the North West

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

09:00 - 15:30

Sickness Absence: key actions for your business
Logo.jpg.jpg
LBV Hub Seminars
22 Apr 2026 - 22 Feb 2026

Sickness Absence: key actions for your business

The Longlands Hotel, Carnforth, LA6 1JH

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