TUPE legislation

Posted by BarrettClark Executive Search

December 22, 2017

An Interesting Read for all of you Contract Managers out there!

I came across the article below in a recent edition of People Management and wanted to share it with my network as it gives some interesting insight to forthcoming changes in TUPE legislation. These changes will be particularly relevant to all you contract managers out there who regularly have to work through what can be a cumbersome process. The new legislation is designed to bring legislation up to date and in line with modern work practices. Read on and if you have any thoughts on how these changes will effect you your comments are welcomed.

Revamped TUPE ‘due by September’, says employment minister

Swinson hails forthcoming reforms at CIPD conference

Simplified TUPE regulations will be unveiled by September, employment minister Jo Swinson told HR professionals at the CIPD Employment Law Conference yesterday.

New rules on TUPE have been eagerly awaited by employers, and Swinson promised a “simpler” regime that would provide greater certainty for businesses.

“We can’t get out of TUPE legislation because it already exists,” said Swinson, but she hinted at a scaling back of current rules, and promised to clarify the effect on TUPE transfers that are currently in progress.

The Liberal Democrat minister used the platform to hail a raft of forthcoming reforms resulting from the government’s Employment Law Review, which she said would promote growth and employment.

These include ‘early conciliation’ in the tribunal process, administered by Acas, which aims to avoid costly litigation by encouraging a satisfactory agreement between the parties, and settlement agreements which will replace compromise agreements this summer.

“Settlement agreements will make it easier to end employment relationships that just don’t work out,” said Swinson, who promised it would not “enable managers to find a quick way out without going through proper procedures.”

Swinson also claimed shared parental leave – to be enacted in 2015 – would “revolutionise the way we work” and would “ensure no-one has to make a choice between a career and a family life”.

She added that it also offered significant benefits for employers: “If someone is on maternity leave and their employer wants them back for the Christmas rush – a way for them to keep their hand in with work and then go back to maternity leave – they can’t do that at the moment. That doesn’t make sense. It also doesn’t give justice to fathers.

“The change is important for 21st century ways of working and making the most of women’s talents in the labour market. The number of companies who see women dropping out of the labour market is a real problem.”

Elsewhere at the London conference, Professor Dominic Regan of City Law School drew attention to a number of instances where employers were being found liable for violent disagreements between staff, including those taking place outside the workplace.

He also pointed to recent cases which appeared to redefine the notion of an employee for the purposes of dismissal claims, including those on zero hours contracts: “The law is moving beyond employment liability relationships. The old boundary is being demolished and we’re edging towards responsibility for people who may not be overtly employees.”