Upcoming changes to TUPE regulations
The changes have arisen from the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (SI 2023/1426)’s amendment to the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006, and will apply to transfers that take place on or after 1 July 2024.
The changes mean employers will have more flexibility to consult directly with employees, rather than through representatives, if:
- the organisation employs fewer than 50 employees, or
- the transfer take place on or after 1 July 2024 and involves fewer than 10 employees (regardless of the size of the organisation).
In both scenarios, direct consultation applies where there are no existing employee representatives in place. Employers also have the discretion to continue to consult with an employee representative if this is the preferred method.
Next steps for employers
Organisations that meet the criteria listed above, and do not have an existing employee representative in place, will not be required to consult with employee representatives for TUPE transfers that take place on or after 1 July 2024.
TUPE transfers that do not meet the above criteria must continue to consult with employee representatives for TUPE consultations.
Further information
Read the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (SI 2023/1426).
