TUPE, Changes to the regulations governing when you take over a new contract and the staff come with it

A step in the right direction but nothing radical

As expected the government has decided not to remove the service provision element of the TUPE regulations. This was always going to be a difficult change to make and many in the legal profession felt that even if they went ahead with this change it would probably be overridden by domestic and European court rulings.

TUPE is a highly technical piece of legislation but put simply the government hopes the changes will:

a)      allow the renegotiation of collective terms and conditions from l yr after the transfer  provided they are no less favourable

b)      make genuine relocations of the workforce possible

c)       ensure that in a service provision change the regulations will only apply provided the service is fundamentally the same as before the transfer

d)      allow Micro-Businesses to negotiate directly with the workers rather than force them to deal with the Trade Unions.

Although we have not yet seen a copy of the new regulation there does not appear to be anything in these changes that will make life any easier for employers.

Being ever so slightly cynical, the only people who seem to benefit from changes like these, are those in the legal profession!

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