Nearly a generation after the last TUPE Regulations were implemented, we finally have a new set – quite apt given their main thrust is to clarify first and second generation outsourcing arrangements, or ‘service provision changes’. There are also several other important differences between the old and new models.
TUPE 2006 completely replaces the 1981 Regulations so that, according to the Government, “ideally, everyone should know where they stand”. It aims to address the uncertainty of the application of TUPE in all contracting-out situations, put contractors on a level playing field and provide comfort to those businesses involved in ‘rescue procedures’.
