Employment law reform- is no news bad news on TUPE?

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The Government has confirmed new employment law measures coming into force on 29 July 2013 but failed to provide any further detail on TUPE reform.

In an announcement today by the Employment Relations Minister, Jo Swinson, the Government has confirmed those measures from its on-going employment law reform programme which will be coming into effect on 29 July 2013 (following the passing of the Regulatory Reform Act 2013).

These changes include:

Section 111 A – pre termination discussions

The new ACAS Statutory Code of Practice and ACAS guidance on pre-termination discussions will be available on the 29 July, along with template letters and a model settlement agreement. We will provide members with further details when these are available.

Whistleblowing

Notwithstanding that the Government has recently made changes to the current law on whistleblowing (see our recent HR briefing – ‘Changes to the law on Whistleblowing come in today’) – the Minister today launched a new Call for Evidence in respect of whistleblowing to see if yet further legislative reform is needed in this area.

Details of the governments Call for Evidence on whistle-blowing can be found at https://www.gov.uk/government/consultations/whistleblowing-framework-call-for-evidence.

‘TUPE or not to TUPE?’

If this is still the relevant age old question, then the answer would currently appear to be, ‘not’. Despite the consultation on TUPE reform (see our HR briefing – ‘TUPE reform – the detail’) having closed on 11 April 2013, and the government having previously confirmed that it was committed to ensuring that any changes to TUPE come into effect by October 2013, the Minister remained surprisingly tight-lipped on the issue. We will continue to ‘watch this space’.

Next steps

We are reviewing EEF’s documentation to ensure compliance with the new legislation coming into force on 29 July 2013.

We will of course keep members updated as and when there are any further announcements or developments in the on-going TUPE reform saga.

Members wishing to explore the full potential for utilising the new s111A ERA pre-termination discussions should join us at our series of national seminars.

‘Ending the Employment Relationship: Off the record or by the book’.

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Media Team 020 7654 1576

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