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TUPE REGULATIONS Free essay! Download now

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a brief explanation about the history of all TUPE Regulations in the UK



I will be giving you a brief explanation about the history of all TUPE Regulations in the UK, move on to a few important points about The Transfer of Undertakings ( Protection of Employment) Regulations 2006 and explain why it is so important for Trade Union Representatives to have the knowledge about these regulations.

TUPE Regulations in the UK go back to 1948 with the Transferred Undertakings ( Pensions of Employers Losing Employment ) Regulations. In 1952 another two regulations with the same name came to place ( No 1 and No 2 ) which were adjusted with the 1957 Amendment. In 1981 The Transfer of Undertakings ( Protection of Employment ) Regulations becomes law in the UK following the Acquired Rights Directive 77/187/EEC. The Directive was created by the Council of the European Communities having regard the treaty establishing the EEU:
Proposal from the commission
Opinion of the European Parliament
Opinion of the Economic and Social committee
Adjustments are then made to the original 1981 version of the TUPE Regulations. In 1987 the Transfer of Undertakings ( Protection of Employment )( Amendment ) Regulations, 1995 and 1999 with another two Amendments for the purpose of giving some protection to employees with regards of Collective Redundancies and Transfer of Undertakings. Three more Regulations are created for specific business in 1999, 2000 and 2003, respectively the Rent Officers Services Regulations, The Greater London Authority Employees Regulations and Transfer to OFCOM. The 1981 Regulations cease to apply due to the creation of new TUPE Regulations that came to force as from the 6th of April 2006 ( TUPE Regulations, SI 2006/246 ). These new TUPE Regulations revoke the 1981 version but the purpose is not to “ start again from scratch”! The main purpose is to clarify and to build on the 1981 Regulations. The fundamental purpose remains unchanged ( protect employees terms and conditions and seniority when businesses change hands ). We then find the 2009 and 2011 TUPE Regulations ( Amendments ).

The purpose of TUPE is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.
TUPE is an acronym for the ...

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