21 September 2012 #Employment
In November last year the Department for Business Innovation and Skills (BIS) called for evidence on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
Following this, Clarkslegal held a round table discussion with various employers affected by TUPE to gather views and evidence on the questions raised by BIS. Based on this discussion, we submitted a response to the call for evidence and also shared our findings with the CBI with whom we have a long standing relationship.
BIS have, this month, published its response to the call for evidence which included identification of the following key concerns raised by participants:
The current requirement to provide Employment Liability Information at least 14 days before the transfer is insufficient and should be increased.
Many of the concerns and suggestions expressed at our round table discussion are mentioned in BIS’s response and we would like to thank all those who contributed!
The Government will now start a process of policy design which will involve liaising with key stakeholders including employer groups, Unions and legal profession representative groups. This will be followed by a consultation on possible changes, either through amendments to TUPE or further guidance, and we will continue to keep you updated on this as and when progress is made.