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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Walker Morris takes a look at some of the key announcements and how the figures add-up for your sector.
Welcome change from presumption of responsibility
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.