0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

some changes, but not much TUPE excited about

4 November 2013

The Government has finally published its proposed changes to the TUPE Regulations 2006. It claims the draft regulations will “cut red tape for businesses” but those hoping for a radical shake-up of the law in this area are likely to be disappointed.

As expected, the Government has abandoned its controversial plan to repeal the regulations relating to service provision changes (SPC), following a public consultation which began in January. The draft regulations now include the following reforms:

  • amending the definition of an SPC to bring it in line with case law – services carried on after a change must be “fundamentally or essentially the same” as those carried on before it
  • new rules on changing workplaces – a change in location following a transfer can amount to an economic, technical or organisational reason
  • employers will be able to renegotiate collective agreements provided that the negotiations start at least one year after the transfer and the overall changes are no less favourable to the employees.

related opinions

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

View blog

Redundancy: competitive interview processes

In this case, the Respondent’s appeal was unsuccessful. In the first instance, the decision that it unfairly dismissed various claimants following the closure of the school where they worked. The Claimants were unsuccessful in applying for substantially similar positions at a new school that opened at the same site. Read more here.

View blog

Can an application to postpone a hearing be refused?

This case highlights the importance of Claimants obtaining their own medical evidence in such matters especially when it is pivotal to their claim.

View blog

Employer obliged to pay settlement despite employees confidentiality breach

In Duchy Farm Kennels Ltd v Steels the employer was found not to have been relieved of its obligation to pay a settlement sum, despite the former employee having breached the confidentiality clause contained in the settlement agreement.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up