With new regulations coming into force in January 2014 do you know how they could affect your business?
A TUPE is the Transfer of Undertakings (Protection of Employment) Regulations 2006, it is used to protect employees whose business is being transferred to another business. The aim of the regulations is to ensure that employees are not dismissed before or after the transfer, to make sure that terms and conditions of their contracts are not worsened before or after the transfer and that employees are kept informed throughout the process.
The recent changes came in to force on 31st January 2014 and will not apply to any transfers that took place before or on the 30th January 2014.
The new regulation states that the activities carried out after the change must be fundamentally the same as those carried out by the person who has ceased to carry them out before the transfer.
There will be amendments to the provisions which give protection against dismissal and restrict changes to contracts. There will also be a protection in place with regards to changes in location of place of work and this will not necessarily lead to automatic unfair dismissal.
There will be a provision allowing micro businesses to inform and consult employees directly when there are no existing appropriate representatives.
The deadline of when an employer must supply the employee liability information to the new employer has increased from less than 14 days to not less than 28 days before the transfer.
Dismissal is the transfer.
Park City is highly experienced in the TUPE process having successfully helped many companies complete the process. Find out how we can help save you the worry and burden of dealing with the complicated regulations that surround TUPE projects – 01206 752100
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