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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.

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