The long-overdue DTI consultation paper on the new Tupe regulations is expected shortly and should make this area of legislation clearer for confused employers.
Head of employment law at Pinsent Curtis and Tupe expert John McMullen said that the DTI has been considering plans by the Tupe forum, to make things crystal clear so there is never any doubt at all when a transfer of regulations applies. “I know there is sympathy for a Christel Schmidt-type approach so that Tupe would apply in most cases.”
For example, in local government the Tupe regulations would apply to all situations where the same service is contracted out, re-tendered or brought back in-house. “In other words, no more argument about Tupe or non-Tupe bids, no more wrangling over the difference between first and second generation contracts, no more second guessing about whether there may be a later challenge as to whether Tupe applies or not.”