Changes to Employment Law

When some legal policy changes are mentioned or drawn up, they rarely affect people on a large scale. Thankfully only a small minority of people encounter the criminal justice system and few will have any experience of personal injury laws.

However, when the changes, which are mooted, are those to employment law, it is widely accepted that they will have a large and long lasting effect on a much wider group of people, whether they're employees or employers.

With that in mind, it's fair to say that 2013 has seen employment law news visit http://www.solicitorsjournal.com/employment together with the wealth of information that has been provided to employees and employers on and offline has meant that the changes are widely known and accepted. However, with more changes to come in 2014, it is wise for any and everyone to be aware of how they might be affected by the forthcoming changes.

TUPE

Because many of the changes which will be implemented in 2014 relate directly to TUPE, it is necessary to understand what this means. At its' most basic, the purpose of TUPE is to protect employees if and when the business they work for changes hands. It ensures that the employees and other liabilities are safely handed to the new employer/owner of the business. TUPE is an acronym for Transfer of Undertakings (Protection of Employment) Regulations and these regulations have been in operation since 1981. They were previously overhauled in 2006 but 2014 will see the first major changes since that point.

The rules of TUPE arise when a business or part of that business is sold as a going concern, when the business is outsourced or when a licence or lease is sold to a different holder but the main function of the business remains the same.

From a legal point of view, TUPE gives an employee the right to have his or her employment transferred with the same terms of employment from the old employer to the new one. They have the right to opt out of this but lose many of their legal rights by doing to.

Under current regulations, any outgoing employer must consult with their staff and inform them of the forthcoming changes and they must provide all details of employees and liabilities to the incoming employer.

The Changes

Under the original proposals, one of the major changes to the TUPE laws was that of a service provision change. However, due to extensive criticism of the effect this would have, this element of the changes has now been abolished.

However, there are many changes which both employees and employers should be just as aware of.

For example, under the current rules the length of notice an outgoing employee must give to the incoming is 14 days. This will now change to 28 days, employers may vary terms and conditions of employment (reasonably) after the transfer has taken place and in order for TUPE to apply, the activities of the business in question must remain “fundamentally or essentially the same” both before and after the transfer.

There are of course many further changes which an employment law specialist or HR professional can give advice on.

 

[Priyani Gupta]

The article presented offers a thoughtful and timely insight into the changes in employment law, particularly concerning the TUPE (Transfer of Undertakings (Protection of Employment)) regulations. From a logical and practical standpoint, the importance of these legal updates cannot be understated—especially in today’s dynamic business landscape where mergers, acquisitions, and outsourcing are becoming increasingly common. Employment law, unlike niche areas of legislation such as personal injury or criminal justice, touches the lives of a wide range of individuals, from business owners to employees across various sectors. Therefore, any amendments to TUPE naturally attract widespread attention and demand careful analysis.


The essence of TUPE lies in its protective framework for employees during business transfers. The regulation ensures continuity of employment, preserving essential rights and conditions even as the employer changes. This legal continuity fosters both fairness and stability, serving as a foundation for ethical business practices. The practical implication is that employees are not left vulnerable to exploitation or redundancy simply because of a shift in ownership or management. This principle of protecting worker rights during transitions has long been seen as a pillar of modern labor law.


The upcoming changes in 2014, as outlined in the article, appear to strike a balance between retaining core employee protections and offering businesses more operational flexibility. For instance, extending the notice period from 14 to 28 days provides incoming employers with more time to prepare, ensuring a smoother and more informed handover. At the same time, the stipulation that business activities must remain “fundamentally or essentially the same” ensures that the spirit of TUPE is preserved, preventing employers from sidestepping obligations through superficial restructuring.


One particularly noteworthy aspect of the reform is the dropped proposal concerning service provision changes. The withdrawal of this amendment following public criticism reflects a responsive and democratic policy-making process. It is encouraging to see that stakeholder feedback—especially from legal experts and trade unions—has shaped the final framework. This responsiveness not only increases the credibility of employment law reforms but also ensures that legislation evolves in a way that maintains balance between economic agility and worker security.


However, these changes also carry an implicit responsibility for both employers and employees to stay informed and adapt accordingly. Employers, especially in human resources and legal departments, must ensure compliance with new requirements to avoid legal disputes and uphold employee trust. Likewise, employees must be aware of their rights under TUPE, particularly when considering whether to accept a transfer or opt out—a decision that can have serious legal ramifications.


In conclusion, while the 2014 updates to TUPE represent significant shifts in employment law, they are well-considered and responsive to modern workplace dynamics. They maintain essential protections for employees while allowing businesses the flexibility needed in a competitive economy. As legal and economic environments continue to evolve, all stakeholders must remain engaged and informed. Understanding the practical implications of these changes will not only reduce uncertainty but also contribute to fairer and more resilient labor relations.