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
Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne
Emma Rohsler
Partner, Head of Employment, Pensions and Incentives, EMEA, Paris
Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Barbara Roth
Partner, New York
Christine Young
Partner, London
Disclaimer
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