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TUPE: A response to consultation on proposed changes

On 5 September 2013, the government published its response to the consultation on the proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006. It also sets out the changes that it intends to make to TUPE. The most significant developments are:

  • The current provisions relating to service provision changes will remain. However, the legislation will clarify that, for there to be a service provision change, the activities carried on after the change must be "fundamentally or essentially the same" as those carried on before it.
  • The obligation to provide employee liability information will remain, with a longer timeframe.
  • Change of location will be an ETO reason.

While the government has indicated that the wording of the legislation has not yet been finalised, it hopes to lay the draft regulations before Parliament in December. BIS has confirmed that the changes are likely to come into force in January 2014, subject to transitional and savings provisions.

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