TUPE 2006 has now been published. It comes into force on 6th April 2006, just a few weeks away.

The main changes between the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the existing 1981 version are:

§Widening the Regulations’ scope to make it clearer that, subject to some exceptions, outsourcing and in-sourcing (known as ’service provision changes’) will be covered by TUPE

§A new duty on the vendor / outgoing contractor to provide ‘employee liability information’ to the purchaser / incoming contractor, such as details of the identity and age of all transferring employees; details of any disciplinary action or grievances relating to them from the previous two years; and details of actual or potential legal action brought by employees in the previous two years. The purchaser / incoming contractor can complain to a tribunal, and recover compensation, if this information is not provided

§Provisions making it easier for insolvent businesses to be transferred to new employers, including making it easier to change terms and conditions of employment

§Provisions clarifying when it is unfair for employers to dismiss employees for reasons connected with a transfer