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Website URL : http://www.acas.org.uk/index.aspx?articleid=4716

New Acas guidance on TUPE law changes

Friday 31 January 2014

Workplace experts, Acas, have published new guidance to help employers and HR professionals dealing with TUPE transfers understand the legal changes that come into effect today. The regulations ensure that when a business transfer occurs, employees moving across to the new employer bring with them their length of service and terms and conditions, and the regulations provide a structure for the transfer process.

The past decade has seen a rise in organisational restructuring, particularly the use of outsourcing across both the public and private sector. This looks set to continue.

Last year the Acas helpline dealt with nearly 30,000 calls on the subject and our web guidance was viewed around 220,000 times

Anne Sharp, Acas Chief Executive, said:

"TUPE is often seen as complicated but employers need to get to grips with it if they decide to buy a business or take on work being carried out by others.

"Organisations can work through the requirements systematically to avoid the problems of getting it wrong. Our new guidance will help them get a handle on the changes that come into effect today.

"The rules affect all business and organisations, whatever their size or sector. Consulting staff is very important and employers should start communicating with their employees early, so concerns can be addressed early."

Today's key TUPE changes include:

  • Terms and conditions from collective agreements may be renegotiated after one year provided that overall the contract is no less favourable to the employee;
  • Dismissals are no longer automatically unfair because of a change in the workplace location;
  • Businesses with fewer than 10 employees are not required to invite the election of representatives for consultation purposes if no existing arrangements are in place; and
  • Employee liability information should be provided 28 days before the transfer, rather than 14 days as previously.

The new guide 2014 Changes to TUPE is available at: http://www.acas.org.uk/tupe

Notes to Editors

  1. On Thursday 31 October the department for Business Innovation and Skills published draft legislation to amend the TUPE (Transfer of an Undertaking) regulations. The regulations take effect from 31 January 2014..
  1. Acas stands for Advisory, Conciliation and Arbitration Service. We aim to improve organisations and working life through better employment relations. We help with employment relations by supplying up-to-date information, independent advice and high quality training, and working with employers and employees to solve problems and improve performance. Acas is an independent and impartial statutory body governed by a Council made up of members from business, trade unions, academia and the law. For more information, check out the Acas Website.
  1. Last year the Acas helpline dealt with 27,290 calls on TUPE. The Acas helpline - 08457 47 47 47 - is available from 8am to 8pm, Monday to Friday and from 9am to 1pm on Saturdays. Advice is free and confidential so callers do not have to give their names.
  1. For media enquires please contact Shumon Rahman/Clare Carter on 0207 210 3688, Lou Owen on 020 7210 3920 or Sophia Said on 0207 210 3680. For out of hours media enquiries please call the out of hours duty press officer on 020 7210 3600.