Employment Law Update January 2014

In 2014 further TUPE related changes will be introduced:

• Activities undertaken after the service provision change must be "fundamentally or essentially the same" as those undertaken before if TUPE is to apply.
• The current requirement for employee liability information to be provided by the transferor employer to the transferee employer at least 14 days before the transfer will change to 28 days before the transfer.
• Some flexibility will be afforded to enable employers to vary terms and conditions after a TUPE transfer.
• To remove the situation where a redundancy can be fair where there is a change in workforce location, but dismissal for this reason under TUPE is unfair, an ETO reason will be altered to include a change in the location of the workforce.
• Pre-transfer consultation by the transferee will count towards the statutory redundancy consultation period for redundancies occurring post-transfer.

Other changes for 2014 include:

• The removal of discrimination questionnaires, originally intended as a means of gathering information for staff to assess whether they have grounds for a claim.
• The introduction through ACAS of "Mandatory conciliation" which will require claimants to submit details of their dispute to ACAS before making an employment tribunal claim.
• All staff with 26 weeks’ service will have the right to request flexible working, rather than just parents or carers as is the current case.

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