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A motion has been tabled in parliament, requesting the annulment of the Collective Redundancies and Transfer of Undertakings (Protection of Employment) Amendment) Regulations 2014 (CRATUPEAR). This came into force on 31st January of this year and affected the rules more commonly known to employers as TUPE. TUPE is something that many business owners and HR professionals will be familiar with. In short, TUPE protects employees in certain situations, known as ‘relevant transfers’.
Following a consultation in 2013, the government decided to make changes to TUPE, aiming to improve its effectiveness and flexibility. The amending legislation, the CRATUPEAR, then came into force.
CRATUPEAR, was signed by Ed Milliband, Chuka Umanna and other Labour MPs, but the party is now rather unexpectedly trying to get the regulations annulled.
Kate Fretten, Employment Partner at Frettens, explains what this means for employers. “For the moment, CRATUPEAR is in force. But the motion bought by Labour calls for its annulment, not just a repeal. So it is a bit of a mess - anyone relying on the changes made by CRATUPEAR is at risk, however, as Labour do not command a majority of the House of Commons, the motion is unlikely to pass. TUPE is a complicated subject and you are likely to be better off taking legal advice on this issue. It is now even more complicated and everyone must wait and see what happens. We will update you on any changes as they happen.”
We have offices in the Christchurch, New Milton and the New Forest. Our Employment team also cover Bournemouth and Poole. For a free initial chat, please call 01202 499255 and Kate or a member of the team will be happy to discuss any questions that you may have.
The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.
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