Spotlight On Reform – Harmonisation Terms And Conditions

One of the long-standing frustrations regarding TUPE is the difficulty in/lack of certainty regarding, harmonising terms and conditions post-transfer.

Within the current call for evidence questions are asked regarding this. Particularly, is the lack of provision for post-transfer harmonisation a significant burden and would it be helpful to allow a renegotiation of contracts with staff, provided that overall, the resulting contract is no less favourable to staff.

No doubt responses will indicate this type of solution would assist. The key issue, however, is likely to be whether BIS is content that, it will be able to provide for this solution, consistent with the Government's obligations under the Acquired Rights Directive ("ARD"). Prior to the introduction of the 2006 Regulations, there was an unofficial draft of the Regulations which provided for a similar solution. However, it was removed from the final draft, apparently on the basis of legal advice, that this