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TUPE: not quite the shield it used to be

Published 01 September 2014

A series of legislative changes to TUPE came into force earlier this year that may have changed the outlook for the protection of outsourced employees


TUPE: not quite the shield it used to be

TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014. The TUPE rules apply to organisations of all sizes and protect employees' rights when the organisation of service they work for transfers to a new employer.

Key changes to TUPE made in January 2014 include:

- The activities carried out under outsourced or tendered work must be "fundamentally the same" for TUPE to apply
- Dismissals are no longer automatically unfair because of a change in the workplace location
- In some circumstances contractual changes arising from new collective agreements agreed by the outgoing employer are not required to be incorporated after a transfer

Source: ACAS

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