The draft regulations set to reform TUPE legislation have been published, confirming the proposals that the Government put forward.
The current regulations covering the protection of employment when a company is bought out or a contract is moved were introduced in 2006 but it was thought that they went further than was required by the European Directive.
Because of this, the Government decided to have a re-think over the general scope of the regulations and the flexibility provided to employers. Changes include allowing a change of workplace location to lead to a fair dismissal (previously this almost always led to an automatically unfair dismissal situation), and permitting consultation on collective redundancies to lawfully begin before a transfer has taken place.
Although the new TUPE regulations are expected to come into force in January 2014, it is possible that the individual provisions within them may come into effect on a later date.
TUPE is a very complicated area of employment law, and it is advisable to seek help when dealing with it, contact the Peninsula employment law advice service for more information on 0844 892 2772.