As part of its review of employment law, the Government has
launched a consultation on its proposals to amend
TUPE. The Government is very limited in what it can do to remove
the burden on businesses because of restrictions under EU law. But
there are some TUPE provisions which go further than EU law does,
by bringing more transactions within the scope of TUPE and by
giving greater protection to employees where a transfer has an
impact on their employment.
Service provision changes (SPCs)
It hasn't come as a surprise that the Government's
proposed changes include removing the provisions which specifically
bring outsourcings, insourcings and re-tenderings within the scope
of TUPE as this is one of the few options that the Government has
to try and reduce the impact of TUPE on business.
