header-logo header-logo

05 April 2012 / Charlotte Stern
Issue: 7509 / Categories: Features , Disciplinary&grievance procedures , TUPE , Employment
printer mail-detail

All change please

Charlotte Stern reports on the latest TUPE developments

Since the implementation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE), service provision changes have been all the rage. They are very much in favour with the current government, which appears to see encouraging the transfer of services in and out of the public sector as its raison d’être. The reality is that after a transfer, the same employees end up providing the same services to the same client and the new contractor is saddled with the employees’ original contractual terms, unless they manage to show that the contractual changes are either unrelated to the transfer or are for economic, technical or organisational (ETO) reasons entailing changes in the workforce. Further, TUPE effectively arms employees by:
 

  • allowing an employee to treat his contract of employment as having been terminated, where the relevant transfer involves a substantial change in working conditions to his material detriment;
  • expressly permitting an employee to accept a repudiatory breach of contract by his employer and
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll