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
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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll