A Call for Evidence in Relation to the Effectiveness of TUPE

Following concerns from businesses that TUPE 2006 unnecessarily “gold-plates” the European Acquired Rights Directive (from which TUPE originates) and is “overly bureaucratic”, the Government announced that it would review TUPE 2006 as part of the wider review of employment law. BIS has issued a call for evidence prior to the review. The focus is on whether TUPE 2006 could be improved or whether improved guidance and best practice examples could better address the issue.

The Government is seeking views on matters such as:

• whether the increased certainty about the application of the regulations to service provision changes has resulted in benefits or burdens for businesses;
• whether the legislation should be changed to specify which insolvency proceedings fall under which provisions or whether more detailed guidance would be sufficient;
• allowing for post-transfer harmonisation while remaining compliant with the Acquired Rights Directive.

The closing date for answers is 31 January 2012. If the balance of evidence calls for possible changes to TUPE 2006, there will be a formal consultation on any proposed changes in 2012.