05 February, 2014
From 31st January 2014, new Transfer of Undertakings (Protection of Employment) (TUPE) Regulations come into force.
The new provisions allow the renegotiation of terms agreed in a collective agreement one year after transfer, provided that overall the change is no less favourable to the employee. Furthermore, current restrictions on varying employment contracts where there is a relevant transfer are now relaxed for variations for a reason related to the transfer as long as the changes are permitted by the contract.
The deadline for notification of employee liability information by the transferor to the transferee is extended from the current 14 days before the transfer to 28 days before the transfer.
Finally, the location of a workforce can now fall within the scope of an economic, technical or organisational reason entailing changes in the workforce. This now prevents genuine place of work redundancies from being automatically unfair.
Buyers and sellers of a business should be aware of these new rules and make sure that comply with these new requirements.
Forbes Solicitors are holding a breakfast briefing to discuss the impact of the TUPE regulations 2014 on Thursday 13 February 2014 at the University Centre, Blackburn College, click here for further information.