TUPE reform — what lies ahead?
The government’s response to its consultation on TUPE was issued in early September and paves the way for changes to TUPE expected to be introduced in January 2014. In this business insight, Walker Morris examines the proposed changes, their practical implications and what businesses should be aware of at this stage.
The SPC rule (which very broadly means that the majority of outsourcing situations are covered by TUPE) will not be repealed. This is much to the relief of many businesses engaged in outsourcing, including the 67 per cent of consultation respondents who were against its repeal primarily because of the legal uncertainty it would cause. The government’s view is that it ‘gold-plates’ TUPE in that it goes over and above the requirements of the Acquired Rights Directive but is, nevertheless, necessary and not burdensome for business.
The government will, however, make an amendment to TUPE to confirm that, for there to be a service provision change, the activities carried on post-transfer must be ‘fundamentally or essentially the same’ as those carried on before it. This can be viewed as a house-keeping point, which confirms the approach already set down and followed in case law…
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
The draft Construction (Design and Management) Regulations 2015 are in the process of being approved by Parliament. This briefing highlights the key changes.
In February the Court for the first time granted a partial stay due to the paying party’s financial difficulties. This was considered to be a rare case but it is likely that we will now see parties seeking to persuade the Court that their circumstances also merit a partial stay.
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.