0370 270 6000

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

Bill to establish an “Office of the Whistleblower”

Baroness Kramer has now introduced the Protection of Whistleblowing Bill as a Private Members’ Bill, starting in the House of Lords.

View blog

New mothers suffer a cumulative loss of income of £66,434 over the following decade

Independent think-tank, the Social Market Foundation (“SMF”), has launched a cross-party parliamentary commission on childcare and its implications for mothers.

View blog

New rules for Fit Notes

Where employees are absent from work due to sickness for more than 7 days, they need to provide reasonable medical evidence in respect of that absence for statutory sick pay purposes – this is most frequently satisfied through the provision of a Statement of Fitness for Work, otherwise known as a Fit Note.

View blog

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up