B&ES has welcomed the Government's decision not to proceed with a proposal to remove changes in service provision from the scope of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
In its response to a public consultation on this and other proposed amendments, the association argued that the 2006 TUPE Regulations had introduced much-needed clarity as to whether or not a given change to service provision change was caught by TUPE and that removing such changes from scope would leave an incumbent service provider with substantial unforeseen liabilities at the end of a contract.
In addition, the Department for Business, Innovation and Skills had also indicated an intention to scrap the requirement within TUPE that obliges the transferor of an undertaking to provide to the transferee relevant workforce information no later than 14 days prior to the date of the transfer.
B&ES successfully argued that, far from being scrapped, the period for supply of the relevant information should be extended. As a result, it has been increased to 28 days before the transfer date.
B&ES head of employment affairs, Peter Rimmer, said: 'The Government's proposals would have had a significantly adverse effect on those association members currently fulfilling contracts which had transferred to them under TUPE, while members bidding for TUPE contracts in the future would have faced undue legal and commercial risk and uncertainty.'
He continued: 'By working closely with those members who were most likely to be adversely affected by the Government's proposals for change, the Association was able to mount a cogent and forceful argument not only to safeguard members' business interests, but also to secure an undertaking for a significant improvement in the workplace information notification requirements of the regulations.'
Mr Rimmer added that a number of other changes are due to be laid before Parliament in December, and that the Association would be issuing guidance on their implications to its members in due course.
