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.
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.
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.