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

Martin Pollins

Managing Director at Bizezia
Martin Pollins is a Chartered Accountant with wide experience in corporate finance and business management. He holds a number of directorships and has served on the boards of several companies, including those listed on the London Stock Exchange, AIM and OFEX.

He was a Council member of the Institute of Chartered Accountants in England and Wales from 1988 to 1996.

Martin Pollins ran his own firm based in Sussex and was the first Accountancy firm in the UK to advertise on television and Martin went on to create and launch the CharterGroup Partnership (the UK's first Accountancy network) and then LawGroup UK (one of the largest networks of lawyers in the country).

Martin started work on the Bizezia concept in 1996, developing the broad range of information resources and products over the past 18 years.
Martin Pollins