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05 April 2012 / Charlotte Stern
Issue: 7509 / Categories: Features , Disciplinary&grievance procedures , TUPE , Employment
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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
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Weightmans—Jason Slatcher

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Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
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