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ARTICLE · 18 NOVEMBER 2024

Employment Rights Bill Unpacked: Will TUPE Be Transformed?

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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The Employment Rights Bill introduces changes affecting TUPE-transferred employees, including Day 1 unfair dismissal rights, modified dismissal procedures, collective redundancy thresholds, and public-sector outsourcing regulations. These measures increase employer liabilities, potentially reshaping workforce management post-transfer.

United KingdomEmployment and HR
Lee Nair
Lee Nair
Charlotte Morgan
Charlotte Morgan
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Labour promised to strengthen the rights and protections for workers transferred under TUPE. Has the Bill taken any meaningful strides at delivering on this?

When a business changes owner, its employees may be protected under the Transfer of Undertakings (Protection of Employment) Regulations 2006. At first blush, the Employment Rights Bill includes no direct changes to TUPE. But there are a number of changes to dismissal procedures which will impact the steps a transferee can take when employees transfer. The Bill also includes changes to public procurement laws which could have significant implications for private-sector employers when public services are outsourced.

We consider the implications and whether more radical changes to TUPE could be on the horizon.

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