If you, as a business, are ever in the situation where you need to make TUPE changes (the transfer of employees over to an incoming employer), there are some new changes that came into effect on 31st January 2014 that you should be are of.
TUPE regulations ensure that when a business transfer occurs, employees moving across to the new employer (known as the incoming employer) bring with them their length of service and terms and conditions. It also ensures there is structure for the transfer process.
But according to Personnel Today, there are a few key points that employers may have overlooked, as a result of the latest amendments:
- Redundancy dismissals where the workplace changes as a result of a transfer will no longer be automatically unfair.
- The deadline for the old employer to provide the new employer with employee liability information is changing – but not quite yet.
- The transferee employer can carry out redundancy consultation with transferring employees before the transfer takes place.
- Some of the amendments might be open to challenge in Europe.
This is a complex area so please do take a look at the article for further information: http://www.personneltoday.com/hr/tupe-changes-31-january-2014-four-key-points-employers/
If you would like further HR information or guidance relating to your business, please contact Business Garage.