TUPE – an update Lee Jefcott – Employment Lawyer
What is TUPE ? – a reminder • Transfer of Undertakings (Protection of Employment) Regulations 2006
TUPE • It’s right that workers should be protected when they transfer to a new employer but the current rules are needlessly prescriptive, unclear and go far beyond EU requirements. We’ve long argued for a radical simplification to avoid situations where staff do the same job but have completely different pay, leave, working hours and pensions. Such complexity dampens business innovation and growth, which we can ill afford when the economy is struggling” • Neil Carberry, CBI Director of Employment and Skills
TUPE – current uncertainties • When does TUPE apply? • Who transfers? • What transfers? • How do we manage staff post transfer?
Service Provision Change • Client designated teams now a prerequisite • Eddie Stobart Limited v Moreman and others UKEAT 0223/11
Service Provision Change • Fragmentation will disrupt a transfer • Kimberley Housing Group v Hambley EAT 2008
Service Provision Change • Is there scope to alter the nature of the contract? • Enterprise Managed Services Ltd v Connect Up Ltd [2012] 190 EAT
Service Provision Change • Supply of goods exemption • Pannu and others v Geo King (in liquidation) and others [2011] EAT
Service Provision Change • “Single specific event or task of short term duration” • Liddell’s Coaches v Cook [2012] EAT
Post transfer issues • Insisting on a change of work location is risky • Abellio London Ltd v Musse and others [2011] EAT
TUPE – the future? • Abolition of service provision change • Post transfer change of job location • Employee liability information • Duty to inform and consult • Micro businesses
Thanks for listening • Disclaimer - The contents of this presentation are provided for general guidance only and do not constitute legal advice • (c) 2013 Brabners LLP Lee Jefcott Employment Lawyer Brabners LLP 0161 836 8898 Lee.jefcott@brabners.com
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