Five-month delay for new Tupe regulations

first_imgEmployers face at least a five-month wait for the new Tupe regulations tocome into force. The legislation, which protects employee terms and conditions when they aretransferred from one organisation to another, was due to be implemented on 17July but will not now become law until December at the earliest. John McMullen, national head of employment law for law firm Pinsent CurtisBiddle, told Personnel Today the draft regulations, which will be subject to athree-month consultation period, are now unlikely to be produced untilSeptember. McMullen, who advises the CBI on Tupe, said the current UK regulations needto be changed because they are based on the Acquired Rights Directive of 1977,which was overwritten by a new EU directive on Tupe in 1998. “The EU directive was implemented in June 1998 but has no legal forcein individual counties until those countries produce their own regulations. “The directive itself is not very radical. The main question is whereTupe applies. It could be decided by EU case law that we already have or memberstates can go further than the directive requires, providing they are lookingafter employee rights.” McMullen said one of the issues holding up the new regulations was pensions.He explained, “At the moment pension rights are excluded from Tupe. Thedirective itself does not require member states to alter that but it does allowmember states to allow pension transfers if they want. “This is going to appear in the consultation document. As an issue ithas huge ramifications for small contractors. Robbie Gilbert, chief executive of the Employers’ Forum on Statute andPractice, said he hoped the new delay to the Tupe regulations meant more timewas being spent resolving difficult issues such as pensions. “I hope the extra time is being used to tackle these troublesome pointsbut I am afraid I have no confidence that this will be the case,” he said. By Ben Willmott Comments are closed. Five-month delay for new Tupe regulationsOn 31 Jul 2001 in Personnel Today Previous Article Next Article Related posts:No related photos.last_img read more

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