TUPE Call for Evidence from the Voluntary and Community Sector

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Welcome to our survey on the experience of TUPE in the voluntary, community and social enterprise (VCSE) sector.

NCVO, CFDG, Locality, ACEVO, Social Enterprise UK, NAVCA, LVSC, BVSC and others are running this survey on the experience of TUPE in the VCSE sector in order that:
- we are able to share experiences and analysis of TUPE across the VCSE;
- the VCSE is able to present collectively to the current government 'call for evidence' on the effectiveness of TUPE Regulations.

The Government call for evidence has been launched by the Department for Business, Innovation and Skills (BIS) as part of the ongoing Employment Law Review. All evidence submitted in this VCSE survey will be submitted to the wider BIS call for evidence and we have used the same questions as the BIS survey (hence why they sound a little complex). Please note this call for evidence does not cover pensions.

We welcome all VCSE organisations who wish to participate in and promote this survey and to make use of its findings.

WHAT WILL HAPPEN TO YOUR EVIDENCE?

Evidence in the survey will be analysed and:
- shared with all those who have participated or request it;
- submitted as a part of the BIS consultation;
- form the basis for ongoing discussion between the sector and government about TUPE, led by ACEVO on behalf of the Strategic Partners of the Office for Civil Society (Cabinet Office).

This survey closes on 20th January 2012. The BIS survey consultation closes on the 31st January 2012. Please note the BIS consultation contains slightly more questions (their full survey is at http://www.bis.gov.uk/Consultations/call-for-evidence-effectiveness-of-current-tupe-regulations).

WHAT ARE THE REGULATIONS?

- For explanation relevant to the VCSE see NCVO's practical guide here: http://www.ncvo-vol.org.uk/transfer-undertakings-tupe
- For the 2006 TUPE Regulations in full see: http://www.legislation.gov.uk/uksi/2006/246/contents/made

Should you have any comments about the process or content of this survey, please contact NCVO on fiona.sheil@ncvo-vol.org.uk or 027 520 2411.

Many thanks for your contributions, and we hope to continue working with you around this issue.

Best wishes,

Fiona Sheil
NCVO Public Service Delivery Network

PURPOSE AND SCOPE OF THE REVIEW

(By Department for Business, Innovation and Skills)

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) were originally introduced in 1981 in order to implement the 1977 EC Acquired Rights Directive. They are designed to safeguard employees’ rights where a business, part of a business or a service provision in which they are engaged changes hands. They also benefit employers by smoothing the process of necessary business restructuring and public sector modernisation by clarifying transfer terms.

They were further revised in 2006 with the aim of providing greater certainty over whether or not the Regulations applied in certain situations. The Government believes it is now timely to reflect on how well they have achieved this goal. Therefore, as part of the Employment Law Review the Government announced a review of the regulations to see if there is scope to improve their implementation of the Directive and reduce burdens on business, whilst continuing to provide appropriate levels of protection for employees.

The call for evidence is a precursor to the review. It is being taken forward to ensure that the review encompasses all relevant issues of concern and is also an opportunity to feed in potential solutions.

The issue of the protection of occupational pension rights on a TUPE transfer is dealt with under separate legislation – the Pensions Act 2004 - and is not within scope of this review. Similarly public sector transfers involving an administrative re-organisation of public administration authorities or the transfer of administrative functions are excluded as they do not form part of the Regulations and the Directive (although transfers from the public to the private and voluntary sectors are clearly in scope).