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21 July 2011 / John McMullen
Issue: 7475 / Categories: Features , TUPE , Employment
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The golden goose?

John McMullen considers if TUPE is alive & well

Recent months have seen vigorous debates about the policy aspects of protection of employees’ rights on business transfers and outsourcing, as well as the usual crop of case law. We take the opportunity to analyse these in this article.

Death of the codes of practice?

In relation to public sector outsourcing, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE), are supplemented by codes of practice. The primary source is the cabinet office guidance on Staff Transfers in the Public Sector (COSOP), originally dated January 2000 but revised in November 2007. An important aspect of COSOP is Annex A, which deals with pensions: Staff Transfers from Central Government: A Fair Deal for Staff Pensions: Guidance to Departments and Agencies (HM Treasury, 1999) (the Fair Deal policy). This obliges contractors to make broadly similar pension provision to that available from the previous public sector employer. The broad similarity of the contractor’s provision has traditionally been tested by the award of a government actuaries department (GAD) certificate of comparability.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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