The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 have now been laid before Parliament and as previously reported will come into force on 31 January 2014.
The final form of the regulations has a couple of key changes from the draft regulations which were published on 31 October 2013.
These changes are:
- In relation to both automatic unfair dismissals and changes to terms being void, the Regulations now mirror the 2006 wording in that they now refer to the transfer being the “sole or principal reason”. This simplifies the wording that was used in the draft regulations and should avoid confusion.
- In relation to pre-transfer collective consultation, a new clause has been inserted to make it clear that the transferee can elect to carry out pre-transfer consultation, and can cancel that election, but can only do this once. The draft regulations permitted the transferee to make as many elections as it wished. The final regulations also include additional consequential amendments to TULRCA as a result of this amendment.
- The new period in which the transferor must provide the employee liability information will apply to transfers that take place on or after 1 May 2014. The changes to the obligations to inform and consult for micro-businesses will apply to transfers that take place on or after 31 July 2014.
You can read more about the other changes contained in the TUPE Regulations 2014 in my previous blogs.