TUPE reform: ‘regeneration’ rather than ‘extermination’ for gold-plating
TUPE reform has long been part of the government’s proposals to cut red tape, ease the regulatory burden on businesses and remove UK provisions that go further than required by Europe (so-called ‘gold-plating’ of European Directives when they are implemented into domestic legislation). The government has now published the draft regulations for TUPE reform: the draft Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013. This cumbersome title heralds some of the problems the government has faced with implementing its proposals. Set out below is an overview of the draft regulations and a table summarising the key amendments.
The government now accepts that even though the service provision change (SPC) concept goes further than required by the Acquired Rights Directive (ARD), it provides certainty and is beneficial to all parties. In fact, it is ‘good regulation’.
So, the SPC concept remains but the new definition confirms that the ‘activities’ that transfer must be ‘fundamentally’ the same as the activities carried out ‘previously’. The intention is to reflect the position that we had got to under recent case law. The government considered that this requirement for similarity between the ‘activities’ pre- and post-transfer may not be generally appreciated, so it has specifically incorporated it into the SPC test…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co 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 Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
The government has announced it will introduce a requirement for many companies to report on payment practices, and a hardening of the Prompt Payment Code on payment terms.
The statutory regime covering workplace pensions will be transformed in April 2015.