Edwin Coe examines the new legislation that came into force on 31 January 2014, under the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014, giving the interesting acronym CRATUPEAR (it just rolls of the tongue…)

Here we focus on two key issues:

1 – Harmonisation of terms

Following an acquisition employers often want to put all employees on the same terms and conditions. Under TUPE 2006, a variation of contract terms was void where the main reason for the variation was the transfer itself or a reason connected with the transfer which was not an economic, technical or organisational (ETO) reason. This was the case even if employees consented to the changes. This made harmonisation very difficult.

In short, under CRATUPEAR it is possible to agree variations even if they are connected to the transfer provide that there is an ETO reason and the changes are permitted under the employment contracts. This may provide extra scope for employers looking to harmonise terms.

2 – Unfair Dismissal

As the law stood before 31 January 2014 a dismissal was automatically unfair if (a) the main reason for dismissal was the transfer itself or (b) a reason connected with the transfer that was not an ETO reason.

Under the new regulations a dismissal is now automatically unfair only if the reason for dismissal is the transfer itself. Again, this is helpful for employers as it may make post-transfer dismissals more straightforward and less risky.

Please remember this is TUPE, and the amendments are not pure and definitely not simple, and do need careful examination. However the overall effect is likely to make life at least a little easier for employers.

For more information on this topic please contact the Edwin Coe Employment Law Team at http://www.edwincoe.com/services/employment.asp   

Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.

Edwin Coe LLP is a limited liability partnership registered in England and Wales (No. OC326366) and is authorised and regulated by the Solicitors Regulation Authority. A list of members of the LLP is available for inspection at our registered office: 2 Stone Buildings, Lincoln's Inn, London WC2A 3TH. "Partner" denotes a member of the LLP or an employee or consultant with the equivalent standing. Our privacy notice which we are obliged to give you under the GDPR is available here.

Please also see a copy of our terms of use here in respect of our website which apply also to all of our blogs.

Latest Blogs See All

Share by: