The Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2009
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 That Act repealed the statutory dispute resolution procedure and provided instead for ACAS to issue a Code of Practice relating exclusively or primarily to procedure for the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.