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25 March 2011 / Michael Salter , Chris Bryden
Issue: 7458 / Categories: Features , Employment
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Safeguard or straitjacket?

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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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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