Late last month, Acas published new guidance to help employers and HR professionals dealing with TUPE transfers understand the legal changes that have now come into effect.

TUPE formThe regulations ensure that when a business transfer occurs, employees moving across to the new employer bring with them their length of service and terms and conditions, and the regulations provide a structure for the transfer process.

The past decade has seen a rise in organisational restructuring, particularly the use of outsourcing across both the public and private sector. This looks set to continue. Last year the Acas helpline dealt with nearly 30,000 calls on the subject and our web guidance was viewed around 220,000 times

The key TUPE changes include:

  • Terms and conditions from collective agreements may be renegotiated after one year provided that overall the contract is no less favourable to the employee;
  • Dismissals are no longer automatically unfair because of a change in the workplace location;
  • Businesses with fewer than 10 employees are not required to invite the election of representatives for consultation purposes if no existing arrangements are in place; and
  • Employee liability information should be provided 28 days before the transfer, rather than 14 days as previously.

The new guide 2014 Changes to TUPE is available here.

Martin Pollins
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