The Government Response on the effectiveness of TUPE has been published. It highlights the areas of concern raised by various stakeholders and states that there will now be a period of policy development and stakeholder engagement leading to a further public consultation once there are firm proposals for amendments. That consultation will include whether to retain the service provision change test, whether pre-transfer employment liabilities should be held jointly and severally by transferee and transferor rather than passing to the transferee, whether employee liability information should be provided earlier, and whether it is possible to redefine "ETO dismissal" to cover a TUPE-related relocation (currently such a dismissal is automatically unfair).
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.