1. OVERVIEW OF THE TUPE REGULATIONS

The Transfer of Undertakings (Protection of Employment) Regulations 1981 were originally introduced in 1981 to comply with the European Union Acquired Rights Directive (77/187). They were later replaced by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

New amending regulations become law on 31 January 2014, making important changes to TUPE. The main changes are listed on pages 11-12 and explained in the relevant Chapter of this booklet. The regulations are known as the Collective Redundancies and Transfer of Undertakings (Protection of Employment)(Amendment) Regulations 2014 (the 2014 Regulations).

The 2014 Regulations amend the Transfer of Undertaking (Protection of Employment) Regulations 2006 which remain in place. The changes to TUPE by the 2014 Regulations only affect transfers that take place on or after 31 January 2014.

The government says the purpose of the changes is to eliminate “gold-plating”, cut “red tape”, remove unfair legal risks to businesses and simplify TUPE, making business transfers “easier for those concerned.” However, nothing in these changes will make transfers “easier” for affected employees. Instead, their general effect is to make it easier, quicker and cheaper for employers to change terms and dismiss workers.