Just a quick update following my post on 26 April 2016. I attended an excellent debate hosted by Eversheds yesterday. The motion was 'The Protection of Workers' rights in the UK depends largely on our membership of the EU'. In favour of the motion was the always eloquent and engaging Sean Jones QC of 11KBW together with Elizabeth Graves of Eversheds. Those with the (IMHO) unenviable task of opposing the motion were Jason Galbraith - Marten QC of Cloisters and Geoffrey Mead of Eversheds.
I could now proceed with paragraphs of pure geekery on what was discussed - the evolution of UK employment law since 1465, which aspects are British versus which are European derived, what was embraced by the UK government and what was opposed, but I will spare you. What we are interested in here is how all this could affect outsourcing businesses and that means TUPE so I wanted to share with you this expert panel's view on that.
For TUPE enthusiasts, it was a somewhat more optimistic picture than Michael Ford QC's. The panel's verdict was that TUPE won't go but there may be some 'tinkering' with the ability to change terms and conditions post transfer. It was universally acknowledged that no one wants to go back to the uncertainty (or in my case the haircuts) of the 1990s.
This post does not give legal advice. All opinions my own.
As a lawyer in the outsourcing arena, his comments on the future of TUPE are of particular interest. On this subject he concludes that ‘Brexit offers the real possibility, highly detrimental to many precarious workers, of a return to the position in which transfers terminated employment tout court, with no more than the low levels of redundancy pay payable to those with sufficient continuity, or in which an employer can readily adjust terms downwards post-transfer by the simple device of dismissal and re-engagement.’