header-logo header-logo

21 February 2014 / Philip Thornton
Issue: 7595 / Categories: Features , TUPE , Employment
printer mail-detail

TUPE changes: a bad move?

web_thornton

Philip Thornton discusses the new wording and uncertainties of TUPE

The majority of the amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) came into force on 31 January 2014. This article suggests that, for a variety of reasons, the way in which some of these changes have been implemented may cause considerable uncertainty in the operation of TUPE for some time to come. Although the Department for Business, Innovation & Skills (BIS) has provided guidance on the operation of TUPE following the amendments, in certain respects that guidance does not appear to resolve these problems.

When a dismissal will be automatically unfair

The most significant change with regard to automatic unfair dismissal protection under the 2014 amendments is that the concept of a “reason connected with the transfer” is entirely expunged from reg 7, ie in determining whether or not a dismissal is automatically unfair, no express distinction is drawn any longer between where the reason for the dismissal is:

  • “the transfer itself”; or
  • a “reason connected with the transfer”.

Perhaps the key question

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll