Earlier this month Labour tabled an early day motion in parliament, calling for the annulment of the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014, which came into force on 31st January 2014.
Given that there was no opposition to the amendments during the consultation and legislative phases, the fact this motion, signed by Ed Milliband, Chuka Umanna and a host of other Labour MPs, has been tabled is an unexpected development. It means that the amendments are still in force, but the motion calls for their annulment, not just a repeal. The motion has created some uncertainty at the moment and anyone relying on the changes made by the new legislation is potentially at risk. However, since Labour does not command a majority of the House of Commons, the motion is unlikely to pass.
The changes to TUPE were aimed at improving its effectiveness and flexibility so this annulment motion certainly has come as a big surprise. TUPE is a complicated subject and you are likely to be better off taking legal advice on any issues arising out of a TUPE situation. It is now potentially even more complicated and everyone must wait and see what happens. The Employment Team at Frettens will update you on any changes as they happen.
At Frettens, all of our solicitors offer a free initial meeting to chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.