The Government has released several factsheets on the Building Safety Bill. We will be reviewing these and outlining how they can assist providers to prepare for the new building safety regime.
The results of the consultation are as follows:
The Government will not now be removing the definition of service provision changes from within the scope of a TUPE transfer. Service provision changes will therefore continue to be caught by TUPE where the current conditions are met. The Government has agreed to review the guidance it provides to seek to make it as simple as possible to determine whther TUPE applies.
The Government intends to codify case law in defining a service provision change under TUPE as only happening where the activities carried on after the transfer are “fundamentally or essentially the same” as the activities carried out before the transfer.
The deadline for providing employee liability information will change from 14 days before the transfer to 28 days before. Regulations 11 and 12 otherwise remain unchanged.
The Government will amend the current restriction on changing terms and conditions post transfer to reflect the wording of the EU Directive more closely. However, the exact wording has not been published. The Government anticipates that the wording is “likely to refer to the “transfer itself” being the “reason” for the variation” (rather than also a reason connected to the transfer). This won’t give employers who want to change terms and conditions much comfort as the Government’s response states that the new test might also make post transfer changes void where they “might be considered ‘connected with’ the transfer”. The Government will also amend the protection against dismissal regulation (regulation 7) to be in line with this wording.
The Government will limit the obligation to comply with collectively agreed terms and conditions to one year post transfer provided that any changes because of the transfer itself are “no less favourable overall”.
The Government will not amend the regulations in respect of “a substantial change in working conditions to the material detriment of an employee”. The position will remain that where a substantial change takes place the employee can be considered as having been dismissed and this is likely to be automatically unfair.
The meaning of “entailing changes in the workforce” will be amended so that changes in location of the workforce can be within the scope of ETO reasons. This means that a dismissal following TUPE due to a change of location would not be automatically unfair, but will still be subject to the usual unfair dismissal rules.
The regulations will not be amended to allow dismissals by the transferor in reliance on the transferee’s ETO reason before the transfer takes place.
The Trade Union and Labour Relations (Consolidation) Act 1992 will be amended so that pre-transfer consultation will count towards collective redundancy consultation, reducing the burden on business. This is subject to the proviso that the transferee has carried out “meaningful consultation” and the transferor and transferee are able to reach agreement.
The Government will issue guidance on “what a ‘reasonable time’ is for the election of employee representatives” rather than amending the regulations- it was considered too difficult to provide a clear definition that would take account of all possible circumstances.
Micro-businesses will be able to inform and consult employees directly regarding transfers, rather than through representatives “where there is no recognised independent union or existing employee representatives”. Micro-businesses will not be exempt from any of the TUPE changes.
It is important to note that the amended regulations are not expected to be published until December 2013 so we are waiting for the final wording. We will be preparing a detailed briefing explaining the changes and the implications once the amended regulations are published.
For more information
With the new law, spouses will be able to achieve a good divorce, making the best of a bad situation.
Anthony Collins Solicitors is able to be at the forefront of family law issues and to be a driving force for change and promotion of conciliatory working.
Anthony Collins Solicitors is supporting Resolution’s Good Divorce Week commencing on 29 November. But what is Resolution, what’s its purpose and what is a Good Divorce Week?
Anthony Collins Solicitors (ACS) has been named Family Law Firm of the Year: Midlands and Wales at the prestigious Family Law Firm Awards.
Puja Desai interviews employees around the firm and discusses their experience with different invisible illnesses. The first part was on diabetes, the second MS and this podcast focuses on epilepsy.
Social mobility and its impact on the modern workforce was top of the agenda at a virtual event hosted by law firm Anthony Collins Solicitors on Tuesday 23 November.
This month we will be considering the impact of the Autumn Budget and Spending Review on the charity sector, trustee good practice concerning benefits and net carbon zero plans.
Earlier this month, the Environment Act 2021 received Royal Assent introducing the Office for Environmental Protection. Many charities and environmental groups are buoyed by the new legislation.
Chris Lloyd-Smith, a partner at Birmingham-based law firm Anthony Collins Solicitors (ACS), has been elected as chair of Resolution’s West Midlands group.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.