Consultation outcome

Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006: consultation on proposed changes

This consultation has concluded

Download the full outcome

Detail of outcome

We want to improve the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations so they do not reduce the flexibility, effectiveness or fairness of the labour market. This government response, published on 5 September 2013, outlines a package of amendments that will improve how the TUPE Regulations work.

We are preparing amendments to the regulations and published draft TUPE Regulations on 31 October 2013. These are only draft regulations, they need to be finalised and agreed with ministers.

We intend to lay the Regulations before Parliament in January 2014 and plan for them to come into force on 31 January 2014.

Feedback received

Transfer of undertakings (protection of employment) regulations 2006:Consultation responses

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Detail of feedback received

We have published stakeholders’ individual consultation responses, where permission had been given to do so. We received permission to publish 81 of the 178 responses received.

Original consultation

This consultation ran from 17 January 2013 12:00am to
11 April 2013 11:45pm

Summary

The government is consulting on proposals to simplify the TUPE Regulations, so that business transfers are easier for all concerned.

Documents

Consultation description

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.

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