header-logo header-logo

25 March 2011 / Michael Salter , Chris Bryden
Issue: 7458 / Categories: Features , Employment
printer mail-detail

Safeguard or straitjacket?

employment_4

Parliament should tread carefully when considering calls to reform TUPE regulations, say Chris Bryden & Michael Salter

Despite having been on the statute books since 1981, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) continue to prove controversial. The Times in a recent leader (23 February 2011 “Terms and Conditions”) described them as “one of the chief obstacles to business in Britain” and as a “significant deterrent to competition”. It noted the European Court of Justice’s (ECJ) decree that there is nothing in the Acquired Rights Directive (ARD) that required this country, when implementing it, to draft its regulations as tightly as TUPE is framed.

ARD v TUPE

An example of the extent of TUPE compared to the ARD, was provided in CLECE SA v Maria Socorro Martin Valor and Ayuntamiento de Cobisa (C-463/09), a referral from Spain to the ECJ, where the court held that a mere change in the provision of a service (here, the in-sourcing of a school cleaning contract) is not a relevant transfer

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll