TUPE Update - Mitigating The Risk - November 2013

Draft Amendment Regulations Published

The Government published draft Regulations to amend TUPE on 1 November. This follows the publication of the Government's response to the consultation process on reforming TUPE in September 2013 ("Consultation Response") (see earlier Briefing Note). In brief, the key headlines are as follows.

Timing

The current indication is that the draft Regulations will be laid before Parliament in December and that the amendment Regulations will come in to force in January 2014.

TUPE and collective redundancy Consultation

In order to allow redundancy consultation to commence pre-transfer, the collective redundancy legislation will be amended so that a transferee may, with the transferor's agreement, elect to engage in pretransfer consultation regarding redundancies which will impact on one or more of the transferring employees after transfer.