TUPE: consultation on changes

There is currently consultation on a number of proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) to take effect from October 2013. The most significant is the repeal of the regulations relating to “service provision changes”.

Other proposals include:

No obligation to provide employee liability information, but transferors would have to disclose information to the transferee to aid the information and consultation process.
Amending the provisions restricting changes to terms, giving protection against dismissal and giving the right to resign in response to a substantial change in working conditions, in each case to reflect the wording of the underlying Directive and/or ECJ case law more closely.
Providing that “entailing changes in the workforce” includes changes to the workforce’s location.
Enabling the transferee to consult with the transferring employees on collective redundancies prior to the transfer.