Tupe And Recognition Agreements

The amendments to the TUPE regulations were implemented on January 31, 2014 to reflect the Alemo Herron decision. The new reg.4A provides that TUPE does not transfer the rights of collective agreements where: It is important that employers are sensitive to the transfer of collective agreements. They need to look not only at the legal implications of rule changes, but also at all labour relations considerations. For recognition to be transferred under the directive, autonomy must be preserved, while UK law must preserve a clear identity. The issue of autonomy has not been considered by the European Court of Justice. In the event of a transfer, these agreements are transferred to the incoming employer. Detailed information on all recent TUPE reforms, including those dealing with collective agreements, can be found in the 2014 TUPE [165kb] amendments to TUPE. Two amendments to the TUPE regulations specify when the terms of the collective agreements can be changed in a transfer situation. In the United Kingdom, Article 6 was adopted in 2006 by Regulation 6 on business transfers (employment protection). It states that any union recognized for these workers, provided that the transferred workers retain a different identity from that of the rest of the purchaser`s business, is deemed to be recognized by the purchaser. However, Regulation 6, paragraph 2, point b) adds that «any recognition agreement may be amended or repealed accordingly.» The direct effect of collective agreements is to change the compensation and benefits agreed upon for workers represented in these negotiations.

When workers switch to a new employer under the TUPE, is the new employer bound by changes to a collective agreement negotiated by the former employer after the transfer? Lawyer Pulina Whitaker is investigating the impact of recent changes to TUPE. Recent TUPE reforms contain new measures to change collective agreements. In practice, it is rarely necessary to distinguish whether an entity retains operational control and «autonomy» or retains its identity, and the two concepts often go hand in hand. Nevertheless, this case will be potentially important in determining what should be taken into account in the decision to transfer union recognition. In the United Kingdom, it should also be noted that if union recognition is not required by law, the purchaser may in any event be under-recognized, as this is of course part of a thoughtful strategy. Individual collective agreements continue to apply, provided they are not amended. Legal recognition is relatively rare when de-accounting is possible in this case, but subject to appropriate procedures and timelines. This letter describes the purpose of the TUPE regulations, which is a matter of regulation, the position of the employer and the employee in the event of transfer, dismissal and union recognition.

After more than ten years of European legal protection for workers in the event of a transfer, many aspects of the 2001 Directive (Council Directive 2001/23/EC) and its predecessor have been the subject of judicial scrutiny and clarification of the requirements.