Call for evidence on TUPE

Close date: 31 January 2012

The Government invites views on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246). It acknowledges that some businesses are concerned that the Regulations are "gold plated" and too bureaucratic. The issues on which the Government seeks views include whether or not the Regulations provide greater clarity on the law applying to transfers of undertakings, and whether or not the lack of provision for post-transfer harmonisation of terms and conditions is a significant burden on employers. The Government acknowledges that possible amendments are limited by the requirements of the Acquired Rights Directive (2001/23/EC), and seeks to maintain the ability for businesses to restructure while providing protection for employees. If the evidence gathered calls for changes to the Regulations, the Government will issue a formal consultation on proposed changes in 2012.
Call for evidence document: Effectiveness of Transfer of Undertakings (Protection of Employment) Regulations 2006 (PDF format, 191K) (on the BIS website)
Government response: Effectiveness of Transfer of Undertakings (Protection of Employment) Regulations 2006 (PDF format, 215K)
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