TUPE Update - Mitigating The Risk

Introduction

The Government's response to the BIS call for evidence regarding TUPE reform was published on 14 September. Following this a consultation paper on proposals for amendment to TUPE is promised later this year.

The headline points

The document refers to a number of "common concerns" from business as follows:

• a need for employee liability information ("ELI") to be provided earlier than 14 days before transfer;
• the absence of provision for post transfer harmonisation of terms and conditions;
• that the provision for service provision change transfer ("SPC transfer") is"goldplating";
• uncertainty regarding pensions;
• a lack of clarity on which insolvency proceedings TUPE applies to;