Consultation paper should clarify Tupe rules

The long-awaited DTI consultation paper on the new Tupe regulations, now not
expected until the New Year, is likely to make this legislation far clearer for

John McMullen, head of employment law at Pinsent Curtis, said the DTI had
been considering plans by the Tupe forum to make it crystal clear when the
regulations apply. "I know there is sympathy for an… approach that Tupe
would apply in most cases… I would be surprised if it does not turn out like
that, so there will be certainty in the area."

For example, in local government, Tupe regulations would apply to all
situations where the same service is contracted out, re-tendered or brought
back in-house.

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