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ARTICLE · 16 SEPTEMBER 2013

All Change For TUPE? Not Quite...

Nabarro LLP
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The Government has published its long-awaited response to its consultation on TUPE.

United KingdomEmployment and HR
Sarah Gill
Sarah Gill
Michal Stein
Michal Stein
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Summary and implications

The Government has published its long-awaited response to its consultation on TUPE. After a lot of bluster about removing the parts of TUPE that went beyond the Acquired Rights Directive (referred to as "gold plating") what is changing is less far reaching than expected. In brief:

  • The provisions on "service provision change" (SPC) (which includes outsourcing, insourcing and second-generation outsourcing) will not be repealed. This is largely good news as the existence of SPC offers parties a measure of certainty. The revised regulations are expected to make it clear that pre and post SPC transfer activities must be "fundamentally or essentially the same".

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