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

TUPE amendments - certainty or not

31 January 2014

The much anticipated regulations amending TUPE come into force today. Many employers had hoped that the changes would provide much greater freedom and certainty for employers to harmonise terms following a TUPE transfer.

The new regulations do include provisions allowing employers to seek to make changes to a contract following a TUPE transfer. However, the circumstances in which changes can be made are subject to a number of significant restrictions. Variations will generally be void if the sole or principal reason for the variation is the transfer. However, there are some specific situations set out in the regulations where such a variation may be valid if particular conditions are met. These conditions will not be met in many circumstances when an employer may wish to harmonise terms.

Employers should still exercise caution when seeking to make post-transfer changes.

related opinions

Employment tribunal changes ahead

There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.

View blog

Is it reasonable to dismiss an employee without any prior procedure being followed as a result of a breakdown in relations?

The Employment Appeal Tribunal (EAT) has upheld the Employment Tribunal’s (ET) finding that a dismissal may be fair despite no prior procedure being followed.

View blog

Furloughed employees entitled to full pay for redundancy purposes

The government has brought in new legislation to ensure that any employees who have been furloughed will have their statutory redundancy pay calculated based on their full-time wages as opposed their furloughed pay in the event that they are made redundant.

View blog

Return to work – all change or more of the same?

The Government has announced that its workplace guidance will change with effect from 1 August and its “work from home” message will be removed.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up