New TUPE regulations delayed until April 2006
The Department of Trade and Industry has said that reforms to the Transfer of Undertakings (Protection of Employment) Regulations 1981, which were expected to come into force on 1 October 2005, will now be delayed until 6 April 2006.
The Transfer of Undertakings (Protection of Employment) Regulations 2005 are intended to:
provide more comprehensive coverage for service contracting operations such as cleaning, catering, security work and refuse collection;
place a requirement on the transferor to notify the transferee of the employment liabilities that will be transferring;
give more flexibility in the application of the Regulations in relation to the transfer of an insolvent business; and
clarify the circumstances in which employers can make lawful transfer-related dismissals and negotiate transfer-related changes for 'economic, technical or organisational reasons'.
The delay is a result of the unusually high number of responses to the consultation on the draft Regulations and the issues these have raised. The consultation closed on 7 June 2005.
Government puts off new Tupe rules to April 2006 and New TUPE regulations delayed Personneltoday.com and IRS report.
TUPE: Draft Revised
Regulations (PDF format, 242K) Read the full text
of the consultation on the Department of Trade and Industry
website.
Also
Recent TUPE
developments: transfer of public sector
service contracts - the new Code of Practice and its implications; case studies on the new pension regime; pension protection; and frequently asked questions XpertHR's topic of the week series offers guidance on recent TUPE
developments.
Transfer of
undertakings: the basics XpertHR's
employment law reference manual provides guidance on TUPE.
How to handle the HR implications of business transfers and TUPE Practical guidance from XpertHR's how to section.
TUPE: the case law XpertHR's case law reports section rounds up what the courts have said about TUPE.
