1 Citation and commencement

(1)    These Regulations may be cited as the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2009.

(2)    These Regulations shall come into force on 6th April 2009.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see para (2) above.

2 Amendment of the Transfer of Undertakings (Protection of Employment) Regulations 2006

2Amendment of the Transfer of Undertakings (Protection of Employment) Regulations 2006

(1)    The Transfer of Undertakings (Protection of Employment) Regulations 2006 are amended in accordance with paragraphs 2 and 3.

(2)    In regulation 11(2)(c) replace “the Employment Act 2002 (Dispute Resolution) Regulations 2004 apply” with “a Code of Practice issued under Part IV of the Trade Union and Labour Relations Act 1992 which relates exclusively or primarily to the resolution of disputes applies”.

(3)    In paragraph 10(2) of Schedule 1 replace “the Employment Act 2002 (Dispute Resolution) Regulations 2004” with “a Code of Practice issued under Part IV of the Trade Union and Labour Relations Act 1992 which relates exclusively or primarily to the resolution of disputes”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see reg 1(2).

Signature

Pat McFadden

Minister of State for Employment Relations and Postal Affairs

Department for Business, Enterprise & Regulatory Reform

10th March 2009

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) to take account of changes made by the Employment Act 2008 (c 24). That Act repealed the statutory dispute resolution procedure and provided instead for ACAS to issue a Code of Practice relating exclusively or primarily to procedure for the resolution of disputes. Regulation 11 of TUPE requires the notification of disciplinary or grievance procedures taken against or by an employee in circumstances where the statutory dispute resolution procedures apply. Regulation 2 of these regulations amends regulation 11 of TUPE so that notification is required instead where a relevant Code of Practice applies. Regulation 3 of these Regulations makes a consequential amendment to Schedule 1 of TUPE.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

Employment & Labour Law93 Trade Unions & Industrial Disputes93 Discipline, Grievances & Right to be Accompanied94 Statutory Dispute Resolution Procedures94 Disciplinary & Grievance Procedures97 Advisory, Conciliation & Arbitration Service93