TUPE — government response to consultation
In early September, the government issued its response to consultation on TUPE.
The once-threatened ‘service provision change’ rule has been given a reprieve and will not be abolished. This is welcome news as it avoids a return to the pre-2006 legal uncertainty as to whether or not a service provision change fell within TUPE. The TUPE regulations will be amended to confirm that for there to be a TUPE service provision change, the activities carried on after the change in service provision must be ‘fundamentally or essentially the same’ as those carried on before it (this basically confirms the position that has been well established by case law so has little impact in practice).
The rules on employee liability information will also be retained and the timescale for provision of this information will be extended from 14 to 28 days pre-transfer. This is still likely to be too close for comfort for most transferees and Walker Morris envisages that many will request a longer period in the commercial heads of terms. In the case of second and subsequent generation outsourcing, tendering contractors will want to establish what timescale the customer negotiated with the incumbent contractor…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The Department of Energy & Climate Change has published the final allocation framework for the October 2014 contracts-for-difference allocation round.
The courts have decided a number of high-profile cases this summer in which retailers have been involved in intellectual property disputes.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.