All transfers on or after 31 January 2014

Regulation 4 of new TUPE will govern any changes to contract terms where the transfer takes place on or after 31 January 2014. Regulation 4 is changed in a number of important ways:

• under Regulation 4(4) and (5) of new TUPE, contract change is void if the reason for the variation is the transfer unless:

• the reason for the variation is an economic, technical or organisational reason entailing changes in the workforce (see page 62); or

• the contract terms permit the employer to make the variation, even if the reason for the variation is the transfer (see pages 56- 58); or

• the contract term is incorporated from a collective agreement, the variation takes place more than one year after the transfer date and the rights and obligations in the contract “when considered together” are “no less favourable” to the employee (see pages 58-60)..

• under Regulation 4(5A) of new TUPE, the meaning of “entailing changes in the workforce” has been expanded to include changes to the place where employees are employed by the employer to carry on the employer’s business or work of a particular kind. This change is explained on page 33..