Updated: Government response to consultation and final impact assessment published.
This consultation seeks views on proposals on aspects of the TUPE Regulations 2006:
- service provision changes
- employee liability information
- restrictions on changes to terms and conditions and protection against dismissal
- economic, technical or organisational reasons for dismissal
- duty to inform and consult representatives
- micro businesses
We plan to provide guidance on a range of issues.
Background and the earlier call for evidence
TUPE legislation protects employee rights when the business or undertaking for which they work transfers to a new employer. The government was concerned that some businesses believed the TUPE Regulations went further than the Acquired Rights Directive required and were bureaucratic. We therefore sought evidence on the effectiveness of TUPE and how it might be improved. The call for evidence was issued on 23 November 2011 and ended on 31 January 2012. The government’s response was published on 14 September 2012. 175 responses were received, from business, business organisations, trade unions, voluntary organisations and others
The government has concluded that there is scope to amend the regulations by removing provisions which go further than the Acquired Rights Directive requires and generally improve how the regulations operate.