The DTI maintains that the long awaited Transfer of Undertakings (Protection of Employment) Regulations 2006 will come in to force on 6 April 2006.
The DTI has published a guidance note on the main changes to the 1981 Regulations, (A Guide to the 2006 TUPE Regulations for employees, employers and representatives). The guidance note explains that there will be a new duty on the transferor to help the transferee assess their risks on transfer by requiring the transferor to provide the transferee with specified information. The specified information (such as instances of disciplinary action in the last 2 years) is the type of information that would normally be sought by the transferee in a due diligence questionnaire. Now, the obligation to provide the information lies firmly with the transferor and failure to provide the information may result in an award by the tribunal of a minimum of £500 per employee to compensate the transferee for their loss.