We reported in the autumn on some small but important changes to TUPE planned to take effect in early 2014. We promised to let you know if there was any delay in the proposed implementation date of 1 January 2014. The UK Government has now confirmed that the TUPE changes will in fact take effect from 31 January 2014.
What Are The Key Changes?
A summary of the key changes can be seen in our previous alert here.
What Does This Mean For Employers?
Employers will not be able to rely on any of the new provisions for TUPE transfers occurring before 31 January 2014.
Employers who were planning on undertaking a TUPE transfer on or shortly after 1 January 2014, with a view to relying on some or all of the new provisions, may now, if possible, wish to consider delaying that transfer until the changes take effect on 31 January 2014.
This consideration is particularly relevant for any employers who may be running simultaneous pre-transfer redundancy and TUPE consultations, together with those employers looking to relocate the transferring workforce to existing premises post-transfer.