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B&ES says TUPE changes could drive employment costs up

B&ES has expressed concern over proposed changes by the Government to the TUPE Transfer of Undertakings (Protection of Employment) Regulations.
B&ES says TUPE changes could drive employment costs up
The Government has reviews the current regulations dating from 2006 as part of a wider review of employment law. It claims that the proposed changes will produce a net benefit to business of up to £30m a year. However, B&ES believes that the cost to business of a more uncertain legal and commercial environment has been overlooked.

Peter Rimmer, head of the association's employment affairs department, said: 'The Government is putting forward proposals for changes, to take effect from the autumn of this year, which we believe are unnecessary.'

He said that, in general, both employers and trade unions were satisfied with the effect of the revised TUPE Regulations which were introduced in 2006. 'Indeed, industry lobbied hard for these, because they introduced a degree of clarity and thereby reduced uncertainty,' he explained.

This had resulted in a reduction in disputes and costly tribunal cases, and had made it easier for employers to take proper account of their obligations under TUPE.

Mr Rimmer continued: 'We feel that what the Government is now proposing will signal a return to the malpractice and abuse which - without the benefit of the 2006 Regulations - bedevilled the application of TUPE in outsourcing situations.'

For more information on the Government's review visit http://bit.ly/14iu2Ui and http://bit.ly/10F0tv8



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26 April 2013

Comments

By Angus Lavin
26 April 2013 01:01:00
I agree with this article. We have been working with TUPE for many years now and although it is a complicated piece of legislation it is fairly straightforward to define.

The government should really look at what protection of employment terms there should be and get rid of the uncertainty around Beckmann and Martin for example. Adding uncertainty around scoping of TUPE employees will only mean more uncertainty and redundancy situations.

We would like to see a more sensible approach from the government on this issue.
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