| TUPE, Collective redundancy and Discrimination Payouts to be Reviewed |
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In an effort to reduce the burden of red tape on businesses, the Government has announced plans to review TUPE regulations, as well as collective redundancy and discrimination compensation, as part of its efforts to reduce the burden of red tape.
Ed Davey, Minister for Employment Relations, in a speech to the Institute for Economic Affairs, highlighted these three particular areas. He said that TUPE regulations which protect employees' pay, terms and conditions when an organisation or business service is transferred from one owner to another, were being reviewed because businesses find these rights overly burdensome and bureaucratic. Employers also criticised the unlimited and unpredictable levels of award given by Tribunals in compensation for discrimination and believe that the potentially large payouts lead to vexatious claims. The final area highlighted was Collective Redundancy Rules as employers say that the 90 day minimum consultation period is "hindering their ability to restructure efficiency and retain a flexible workforce". Employers in financial difficulty said they worry about how long they will need to go on paying staff after it is clear they need to let them go. This can be 90 days consultation followed by as much as a 3 months notice period. However, before we all get too excited about this review it is important to consider that the legal framework underpinning most of this legislation has been brought about through our membership of European Union. Consequently, it is difficult to see how the UK Government are going to deviate from the European Directives. |