Yet another consultation for employment lawyers and HR professionals to grapple with. This one seeks views on proposals including:
- reaffirming that only employees are protected by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
- removing the complex obligation to split employees’ contracts between multiple employers where a business is transferred to more than one new business.
Those of us who handle or advise on TUPE transfers know just how complicated they can be. This is especially so where an organisation has “workers” (and no one can decide whether or not they are really employees and should therefore transfer!) and/or where a business or service provision is transferred to multiple organisations. Certainty in this area is always helpful and having some clear parameters on these points is arguably in all parties' interests. However, might it deter buyers or new service providers who are required to take on more employment liabilities? It will be interesting to see how this plays out.
Smarter regulation: employment law reform
https://www.gov.uk/government/consultations/smarter-regulation-employment-law-reform
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