The government has published its Response to its Consultation on TUPE  
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TUPE Consultation - Government Response Published

The government has published its Response to its Consultation on TUPE. The summary below of what the government is not changing is probably as important as what it is changing.

The main changes which the government is proceeding with are amending the TUPE Regulations to:-

  • allow renegotiation of terms agreed from collective agreements one year after transfer, provided any changes are no less favourable to employees
  • the location of a workforce can be within the scope of an economic, technical or organisational reason entailing changes in the workforce, thus preventing genuine place of work redundancies from being automatically unfair
  • clarify that for there to be a TUPE service provision change, the service provision must be "fundamentally or essentially the same" as before the transfer
  • allowing microbusinesses to inform and consult directly with employees
  • (in some circumstances) allowing TUPE consultation to satisfy collective redundancy consultation rules.

Importantly, the government is not:-

  • removing 'service provision change' from what amounts to a TUPE transfer
  • removing the transferor's obligation to provide employee liability information; rather, the time for providing such information is increased to 28 days.

The consultation response does not include the new draft Regulations, nor an expected implementation date (although BIS has informally suggested the implementation date will be January 2014).

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Daniel Barnett is a barrister with 20 years’ experience litigating and advising in employment, HR and associated litigation. He is primarily a litigator, described in legal directories as “tenacious”, “inexhaustible” and “an excellent advocate” (see testimonials). He has been instructed by a Royal Family, international airlines, various FTSE-250 companies, local authorities, NHS Trusts, as well as a myriad of SMEs. Employee clients range from senior executives of quoted companies through to David & Victoria Beckham’s nanny. His specific areas of interest are post-termination restrictive covenants, age discrimination and retirement issues, industrial law (strikes), employment agencies and permanent health insurance disputes. He practises from Outer Temple Chambers, a highly regarded set of Chambers in London.
Outer Temple Chambers’ employment and discrimination team is an important player in the field. We have acknowledged expertise representing both employer and employee, covering all aspects of collective and individual employment law, including High Court breach of contract and injunction proceedings, and all aspects of individual and collective employment rights.

We appear regularly in the civil courts and tribunals, before the Central Arbitration Committee, all appellate courts, and in mediations. Members of our team also accept instructions to act as external decision-makers, and to advise public and private sector employers and service-providers.

Major test-cases in which members of the team appeared in 2010 include British Airways v Williams [2010] UKSC 16, which will determine the holiday pay of thousands of individuals across the aviation industry; Sagoo & ors v Birmingham City Council, believed to be the largest of the vast multi-claimant local authority equal pay cases; and USA v Nolan [2010] EWCA Civ 1223, which will affect the consultation rights of workers across Europe in relation to redundancy.

Members of Chambers who advise and represent in employment law disputes, listed in order of call (experience), are:-

  • Richard Lissack QC
  • Gerard McDermott QC
  • Andrew Short QC
  • Keith Bryant QC
  • Mark Mullins
  • Natasha Joffe
  • Daniel Barnett
  • Naomi Cunningham
  • Andrew Allen
  • Benjimin Burgher
  • Lydia Seymour
  • David Grant
  • James Arnold
  • Naomi Ling
  • Oliver Assersohn
  • Eleanor Davison
  • Michael Uberoi
  • Farhaz Khan
  • Saul Margo
  • Ben Bradley
  • Clare Baker
  • Samantha Cooper
  • Robert Dickason
  • Keira Gore
  • Nicholas Hill
  • Will Young
  • Katarina Sydow
  • Saaman Pourghadiri

Please see
www.outertemple.com for further details.
For further information, or to enquire about his
availability, please contact Daniel Barnett's clerks on 020 7353 6381 or visit www.danielbarnett.co.uk
Daniel Barnett
Outer Temple Chambers
The Outer Temple
222 The Strand
London, WC2R 1BA
Tel: 020 7353 6381
Fax: 020 7583 1786
Document Exchange: LDE 351 (Chancery Lane)
daniel.barnett@outertemple.com
www.outertemple.com
Copyright © 2013 Daniel Barnett. All rights reserved.
Disclaimer

This bulletin is published by Employment Law Services Ltd.. Please note that the information and any commentary on the law contained in this bulletin is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by the author or the publisher.

The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are strongly advised to obtain specific, personal advice from a lawyer about your case or matter and not to rely on the information or comments on this site. If you are a solicitor, you should seek advice from Counsel on a formal basis.

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