BRAIN FOOD: Matters for the mind to chew on - Workplace rights

BRAIN FOOD: Matters for the mind to chew on - Workplace rights - Transfers in turmoil Ministers are at last moving to overhaul the laws preserving employees' rights on business transfers. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) apply not only to business sales but also where organisations contract out activities such as catering, cleaning and security. Conflicting case law has led to confusion over the application of TUPE. The DTI has promised to publish draft revised regulations by July, with implementation in spring 2004. The reforms will most likely apply TUPE more consistently where companies contract out operations or change their service provider. But the DTI is ducking another contentious issue: the exclusion of pension rights from the terms protected on a transfer.

by Michael Burd and James Davies, Lewis Silkin solicitors, e-mail:employment@lewissilkin.com
Last Updated: 09 Oct 2013

Transfers in turmoil Ministers are at last moving to overhaul the laws preserving employees' rights on business transfers. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) apply not only to business sales but also where organisations contract out activities such as catering, cleaning and security. Conflicting case law has led to confusion over the application of TUPE. The DTI has promised to publish draft revised regulations by July, with implementation in spring 2004. The reforms will most likely apply TUPE more consistently where companies contract out operations or change their service provider. But the DTI is ducking another contentious issue: the exclusion of pension rights from the terms protected on a transfer.

Ominously, this will be considered 'separately and to a longer timescale' as part of the Government's continuing review of pensions Cue for more dithering ...

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