Jeffrey Jupp's TUPE resource

2013 BIS TUPE Consultation

In November 2011 the Government commenced its review of the TUPE 2006 regulations with a Call for Evidence on the effectiveness of the Regulations.

In September 2012 the Government’s Response to the Call for Evidence was published.

In January 2013 the Consultation Document was published.  The consultation opened on 17 January 2013 closed on the 11 April 2013

The proposals are:

  • Repealing the Service Provision Changes provisions;
  • Limiting the obligations to provide employee liability information;
  • Bringing the wording of Regs 4(4), 4(5), 4(9) and 4(10) which deal with the restrictions on changes to contracts, protection from dismissal and the meaning of ‘a substantial change in working conditions to the material detriment of’ the employee in line with the Directive and case law.
  • In the ETO context, extending the meaning of entailing changed in the workforce’ so that it can apply to changes in the location of the workforce.
  • Removing the need to have separate consultations for collective redundancies and TUPE where the staff are due to transfer.
  • Removing the requirement for the election of employee  representatives where the employer is a micro business.

on 5th September 2013 the Response to consultation was published and an analysis is here.