The CRTUPEA Regulations 2014 and contract change

In England, Wales and Scotland (but not Northern Ireland), the rules on contract change on a TUPE transfer were changed significantly when TUPE was amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (CRTUPEA). The changes have made it easier for an incoming employer to alter contract terms, especially where those terms have been negotiated by a union. But even in its amended form, TUPE still imposes important limits on an employer’s freedom to make changes connected to a transfer.

The CRTUPEA regulations affect all transfers in England, Wales and Scotland on or after 31 January 2014. However, TUPE protection of contract terms lasts indefinitely (see page 66). This means that a transfer on or before 30 January 2014 remains subject to a more restrictive regime, even if the contract changes are made in the future.

The CRTUPEA regulations do not apply in Northern Ireland, where transfers remain subject to the old law — the Transfer of Undertaking (Protection of Employment) Regulations 2006, and the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (see box on page 11).