Changes to TUPE

On the 6th April, the Transfer of Undertaking (Protection of Employment) Regulations 2006 are set to take effect.

The amended regulations are an attempt to both clarify and simplify a notoriously grey area of employment law. Changes to the regulations include:

(1) a more comprehensive coverage for service contracting operations such as cleaning, catering, security work and refuse collection;

(2) a legal obligation on the transferor to provide the transferee with "employee liability information" which includes the identity and age of all transferring employees; the employee's statement of particulars and details of any disciplinary, grievance or legal action taken by the employee in the previous 2 years. If this information is not provided by the transferor then the transferee can take legal action in order to recover any financial loss suffered as a result with a minimum award of £500 per employee;

(3) An ability for insolvent businesses to be transferred to the new employer more easily. The new regulations, will make it even more difficult for the employer to harmonise or allow changes to a transferring employee's contract of employment for "a reason connected with the transfer" unless this is for an "economic, technical or organisational reason."

If you would like a copy of the new regulations or would like more information on how the regulations could affect you then please do not hesitate to contact the Support Line.