TUPE regulations
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Before calling for industrial action, the Communication Workers Union needs to establish that the rights of the 1.700 employees will be damaged when the business is transferred. John Reggie of the CM says: We have to establish this is a trade dispute, and none of these companies will want to take on their terms and conditions."
there are grey areas, particularly in relation to pension rights, which do not at present have to be transferred.
Proposed changes to the law, which have just been announced by the government, are partly designed to make outsourcing less controversial. The government wants TUPE regulations strengthened in the employees favour, and it is likely that some provision for the transfer of pension rights will be included. Details of the changes can be found on the Department of Trade & Industry's website: www.dti.gov.uk.
Under the Transfer of Undertakings (Protection of Employment) Regulations 1981. which are known as TUPE, employment terms and conditions are protected when businesses are transferred. But