Response to government pledge to consult with the unions on reforming TUPE Regulations17 September 2012
Responding to the government’s response to its call for evidence on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006
Responding to the government’s response to its call for evidence on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006, which has concluded that the issues respondents have raised will be considered and that further consultation will take place, Andrew James of Thompsons said:
“While we welcome the government’s pledge to consult with the unions and not to rush headlong into reforming TUPE Regulations, as has happened with other areas of employment law, we would oppose any attempt to repeal the 2006 service provision changes.
“The overriding aim of the TUPE Regulations is to protect and preserve the rights of workers. The legislation does exactly that, no more and no less. Since 2006 the
Regulations have provided greater clarity to employers who more often than not are the ones who challenge whether TUPE applies, and this is borne out by the fact that there are now considerably fewer legal challenges on this issue.
“Whilst clearer guidance using real cases is always welcome, amending or repealing the Regulations without justification or any evidence that they are not working effectively is unnecessary and will lead to uncertainty and increased litigation.”