TUPE changes – the government is consulting on the following proposals:

  • Amending the legislation so that some service provision changes may no longer fall within the scope of TUPE. The detail on this has not yet been published and as this is also governed by European law, it is likely that the government’s amendments may not have a significant impact on outsourcing arrangements, for instance.
  • Removing the list of specific Employee Liability Information that the transferor must currently provide to the transferee. Instead the transferor would have to disclose information to the transferee where necessary for the transferee and transferor to perform their duties re information and consultation. There are likely to be disputes between transferees and transferors about what information is “necessary”.
  • Changing the restrictions on changes to terms and conditions for transferring employees, as well as protection against dismissal. Detail is awaited on this point.
  • Amending the legislation so that some dismissals involving a place of work redundancy may be fair dismissals for the purposes of unfair dismissal claims.