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The golden goose?

21 July 2011 / John McMullen
Issue: 7475 / Categories: Features , TUPE , Employment
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John McMullen considers if TUPE is alive & well

Recent months have seen vigorous debates about the policy aspects of protection of employees’ rights on business transfers and outsourcing, as well as the usual crop of case law. We take the opportunity to analyse these in this article.

Death of the codes of practice?

In relation to public sector outsourcing, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE), are supplemented by codes of practice. The primary source is the cabinet office guidance on Staff Transfers in the Public Sector (COSOP), originally dated January 2000 but revised in November 2007. An important aspect of COSOP is Annex A, which deals with pensions: Staff Transfers from Central Government: A Fair Deal for Staff Pensions: Guidance to Departments and Agencies (HM Treasury, 1999) (the Fair Deal policy). This obliges contractors to make broadly similar pension provision to that available from the previous public sector employer. The broad similarity of the contractor’s provision has traditionally been tested by the award

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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