[IER] TUPE 2014: case law, conference and publication

[Carolyn]

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> TUPE 2014: 
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> News and Updates
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> Dear IER Supporter,
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> On 31 January 2014, new regulations on TUPE came into effect updating the 2006 regulations. With the government intent on pursuing its outsourcing and privatisation agenda, it is crucial workers understand the new changes and how to get the best out of the protections offered. Continue reading for news and recent cases, and information on our new book and conference.
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> News
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> The Information Commissioner’s Office has published Guidance Notes on Disclosure of information under TUPE. The guidance notes are available to read here. 
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> Recent Cases
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> Cetinsoy & Ors v London United Busways Limited
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> An Employment Appeal Tribunal (EAT) has upheld the decision that a 30 minute - 60 minute addition of traveling time for London bus drivers does not amount to “substantial change” of contract or “material detriment” to the workers.  The judge ruled that while the change of depot for workers after a TUPE transfer was a breach of contract, it was not a “fundamental” one.
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> Housing Maintenance Solutions Limited v McAteer and Others
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> A housing association terminated its contract with repair and maintenance company Kinetic, setting up a subsidiary company Housing Management Solutions (HMS).  Kinetic’s employees were transferred to HMS, but with a number of weeks unemployment in between.  Employees claimed unfair dismissal, unpaid wages, and faliure to inform and consult under TUPE and collective redundancy procedures.  The case was contingent on when exactly a TUPE transfer takes place, and which employer was responsible for the employees in the interim period of unemployment. While the Employment Tribunal (ET) found that HMS had acted in line with procedure, an EAT has overruled this decision. 
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> TUPE 2014
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> By Richard Arthur, Thompsons Solicitors
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> As the author of this timely report notes, ‘The period since 1981 has seen the proliferation of privatisation and contracting out, with a dominant theme being a desire to reduce wages and other workforce-related costs.’ Against this background, TUPE has traditionally provided essential protections for workers. But how effective are those protections following changes introduced in January 2014? This publication guides the reader through those changes in some detail, with reference to leading cases both in the UK and in Europe. It considers the implications and likely impact of the new laws and the ability of employers to change terms derived from collective agreements. TUPE 2014 is available now. 
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> TUPE Update: The new Regulations
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> Wednesday 3rd December 2014
> Adelphi Hotel, Liverpool
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> There are many uncertainties about the new TUPE regulations and the conference will aim to provide answers to many questions plus any additional questions from delegates on the day.
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> • How do the new Regulations affect a change of service provision?
> • What happens to collective agreements following a transfer?
> • How long will the terms of an existing collective agreement last, following a transfer?
> • Will collective redundancy consultation prior to a transfer be applied post transfer.
> • Will trade unions have an opportunity to consult with new employers?
> • How will a change of location following a transfer be dealt with?
> • Is the law different for small businesses?
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> See our website for speakers, and more information and to book your place.
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