12. BUSINESS TRANSFERS AND CONTRACTING OUT — TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), were introduced to protect the rights of employees on the transfer of the business in which they are employed. TUPE was originally enacted to comply with a European Directive known as the Acquired Rights Directive. The coalition government is hostile to TUPE, viewing its protection of outsourced workers, in particular, as a burdensome barrier to its plans for the outsourcing of public services.

Significant changes to TUPE became law on 31 January 2014. The changes were made through new regulations known as the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (the 2014 Regulations). They amend the existing law and affect all transfers that take place on or after 31 January 2014.

The government’s updated TUPE guidance, A guide to the 2006 TUPE Regulations (as amended by theCollective Redundancies and Transfer of Undertaking (Protection of Employment) (Amendment) Regulations 2014) applies to all transfers on or after 31 January 2014 and is available to download from the website of the Department for Business, Information and Skills (https://www.gov.uk/government/publications/tupe-a-guide-to-the-2006-regulations).