The Department for Business, Innovation and Skills (BIS) launched a consultation before Christmas on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations 2006 – in particular concerns that the UK implementation of the Acquired Rights Directive is “gold-plated”.
The consultation asks covers a number of areas that are of relevance to organisations that either outsource services or provide outsourced services to third parties:
- whether the amendments introduced under the 2006 Regulations have been effective in providing greater clarity and transparency as to the application of TUPE?
- have the 2006 Regulations reduced the need for legal advice and/or the number of tribunal claims?
- should TUPE apply to the provision of professional services?
- is the absence of a mechanism to harmonise terms and conditions across a workforce post transfer a burden? If this right is desired, how should it work?
- should more be done to clarify the application of TUPE upon an insolvency situation?
- is the guidance on the application of the economic, technical or organisational reason sufficiently clear?
The consultation is open until 31 January 2012. You can access the papers here.
On January 6, 2012