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21 July 2011 / John McMullen
Issue: 7475 / Categories: Features , TUPE , Employment
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The golden goose?

John McMullen considers if TUPE is alive & well

Recent months have seen vigorous debates about the policy aspects of protection of employees’ rights on business transfers and outsourcing, as well as the usual crop of case law. We take the opportunity to analyse these in this article.

Death of the codes of practice?

In relation to public sector outsourcing, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE), are supplemented by codes of practice. The primary source is the cabinet office guidance on Staff Transfers in the Public Sector (COSOP), originally dated January 2000 but revised in November 2007. An important aspect of COSOP is Annex A, which deals with pensions: Staff Transfers from Central Government: A Fair Deal for Staff Pensions: Guidance to Departments and Agencies (HM Treasury, 1999) (the Fair Deal policy). This obliges contractors to make broadly similar pension provision to that available from the previous public sector employer. The broad similarity of the contractor’s provision has traditionally been tested by the award

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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