More Protection under TUPE

Come April 2006 changes to the existing Transfer of Undertakings (Protection of employment) will see several changes which may well effect employees within companies the CWU and Connect have membership.

The main changes in the new 2006 TUPE Regulations introduce the following:

- a widening of the scope of the Regulations to cover cases where services are outsourced, insourced or assigned by a client to a new contractor (described as “service provision changes”)

- a new duty on the old transferor employer to supply information about the transferring employees to the new transferee employer (by providing what is described as “employee liability information”)

- special provisions making it easier for insolvent businesses to be transferred to new employers

- provisions which clarify the ability of employers and employees to agree to vary contracts of employment in circumstances where a relevant transfer occurs

- provisions which clarify the circumstances under which it is unfair for employers to dismiss employees for reasons connected with a relevant transfer.

Download the DTI Guidance document (PDF format) here

Source: DTI

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