This timely Special Briefing gives a detailed background to the new TUPE regulations, its impact on your business transfers, your employee's contracts, pensions, and a host of other important changes and legislative updates.
For many years those seeking to apply TUPE have had to deal with legal uncertainties; both in ascertaining whether TUPE applies in any given set of circumstances and its consequences.
Much of this uncertainty has stemmed from conflicting approaches and the European Court of Justice (ECJ) on the Acquired Rights Directive and UK Courts and Tribunals on TUPE. In particular in relation to the test for ascertaining whether TUPE will apply to second stage contracting out.
UK Courts and Tribunals have noted what at times has been a far from satisfactory state. In the case of Complete Clean Ltd v Savage (EAT 2002) the Employment Appeal Tribunal stated:
'The law is in a state of critical UK uncertainty. It is almost impossible to give accurate
advice to [those] involved in possible transfers with any degree of certainty.'
Since April 2006 the new Transfer of Undertakings (Protection of Employment) Regulations 2006 have applied to all business transfers taking place and now includes long-term business relationships for contracted services and addresses many of the previous uncertainties.
Keywords: LAW / General LAW000000