Great Britain: government presents the outline of the reform of transfer of undertakings law

On September 5, Employment Minister Jo Swinson published her response to the consultation on the clarification of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), which implements the EU’s Acquired Rights Directive (contracts maintained in case of a corporate transfer).  These new regulations will be laid before in Parliament in December 2013 and are part of the government’s Employment Law Review, started by in 2010 and ending in 2015. (Ref.  130529)
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In the document published on September 5, the government has confirmed that the following points would be amended:

  • Businesses will be able to renegotiate terms and conditions provided for in collective agreements one year after the transfer provided that overall the change is no less favourable.
  • The reform will clarify that, in line with the ECJ’s case law, employees can have the working conditions of the collective agreement in force at the time of the transfer included in their employment co
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