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Government’s response to TUPE consultation delayed

Proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (better known as TUPE) had been expected to be published this week in the form of draft regulations. However, during the CIPD Employment Law Conference, Employment Minister, Jo Swinson, announced that BIS will not publish the draft regulations until September.

The government carried out a consultation earlier this year on a number of proposed changes to TUPE legislation including its proposals to repeal the regulations relating to service provision changes. It had been expected that the proposed changes, save for those relating to service provision changes, would take effect from October 2013. Given the delay in the draft regulations being published it seems unlikely that the changes will be ready for implementation by October 2013.

During the conference the Liberal Democrat minister also suggested that the proposed reforms would produce certainty for employers. Although employers would no doubt welcome clear rules in respect of TUPE, it remains to be seen whether the regulations will achieve this. Employers and practitioners alike will therefore have to wait and see what the government has in mind to help provide clarity on this complex area of employment law.

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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further