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The Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2009

S.I. 2009/592 · Made 10 March 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Terms And Conditions Of Employment

Made 10th March 2009

Laid before Parliament 12th March 2009

Coming into force 6th April 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1 (being a Minister designated for the purposes of that section in relation to rights and obligations relating to employers and employees on the transfer or merger of undertakings, businesses or parts of businessesf2).

Annotations to the whole text

Footnotes

f1

1972 c.68.

f2

See the European Communities (Designation) (No.2) Order 1977 (S.I. 1977/1718).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Transfer of Undertakings (Protection of Employment) Regulations 2006
  3. Signature
  4. Explanatory note

1Citation 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.

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

(1)

The Transfer of Undertakings (Protection of Employment) Regulations 2006f1 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 (Consolidation) Act 1992f2 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 (Consolidation) Act 1992 which relates exclusively or primarily to the resolution of disputes”.

Signature

Pat McFadden

Minister of State for Employment Relations and Postal Affairs

Department for Business, Enterprise & Regulatory Reform

10th March 2009

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 (2)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.