Acas has published new guidance to help employers and HR professionals dealing with TUPE transfers understand the legal changes that came into effect on 31st January 2014.
The regulations ensure that when a business transfer occurs, employees moving across to the new employer bring with them their length of service and terms and conditions, and the regulations provide a structure for the transfer process.
The past decade has seen a rise in organisational restructuring, particularly the use of outsourcing across both the public and private sector, and this looks set to continue, says Acas.
The main changes to the TUPE regulations include:
- Terms and conditions from collective agreements may be renegotiated after one year provided that overall the contract is no less favourable to the employee;
- Dismissals are no longer automatically unfair because of a change in the workplace location;
- Businesses with fewer than 10 employees are not required to invite the election of representatives for consultation purposes if no existing arrangements are in place; and
- Employee liability information should be provided 28 days before the transfer, rather than 14 days as previously.
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