- Changes to TUPE and collective redundancy: draft regulations are published (News, 6 November 2013)
- Impact of proposed changes
- Collective redundancy
- Relevant background
- Draft regulations — collective redundancy
- Draft regulations — TUPE
- Service provision change
- Varying a contract
- ETO reason
- Employee liability information
- Next steps
Draft regulations which amend TUPE and the information and consultation provisions relating to collective redundancies have now been published. The draft regulations carry out the intentions set out in the Government’s response to the consultation on amending TUPE, and include (1) extending the circumstances where contracts of employment may be varied following a TUPE transfer, (2) reducing the circumstances when a dismissal following a TUPE transfer will be automatically unfair, (3) extending the definition of an economic, technical or organisational reason entailing a change in the workforce so that it encompasses circumstances where the employer is changing location, and (4) enabling the transferee to conduct information and consultation for collective redundancy purposes prior to a transfer (or potential transfer) subject to certain conditions. It is intended that the draft regulations will go before Parliament in December with a commencement date of January 2014.
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