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
