An Analysis of the Transfer of Undertakings (Protection of Employment) Regulations 2006

摘要

This article analyses the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006, which revoke, entirely, the TUPE Regulations 1981. As well as comprising the UK Government’s response to the amending Acquired Rights Directive 1998/50/EC, they purport to fulfil a four-fold aim of increasing the coverage of TUPE in outsourcing situations; clarifying the law on transfer connected dismissals and when employees may agree transfer related changes to employment conditions; providing for the supply by transferors of employee liability information; and relaxing the provisions of TUPE in insolvency situations to the extent permitted by the Acquired Rights Directive 2001/23/EC. It is to be argued that some of these aims are realised in the new Regulations, and others not. And certain areas worthy of new regulation are ignored. What is ultimately apparent however is that the new Regulations cannot be taken to be an ‘employers’ charter’. In some instances the new Regulations may breathe new life (and litigation) into the law.