New regulations that may change TUPE rights have been delayed to September.
These proposed changes are to repeal the service provision change (SPC) rules which were introduced in 2006.
However, this has been strongly challenged by the Law Society and various practitioners as the fear is that by removing the SPC rules, the regulations will revert the law to the state of affairs prior to their introduction in 2006, a period that saw a great detail of uncertainty in the application of TUPE to outsourcing.
Indeed since the introduction of the SPC rules in 2006, litigation has definitely diminished and many practitioners consider the law to be much more straightforward than was previously the case. One wonders why the Government sees a need to change something which is already working quite well.