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21 February 2014 / Philip Thornton
Issue: 7595 / Categories: Features , TUPE , Employment
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TUPE changes: a bad move?

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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
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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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