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Simplified TUPE regulations due by September

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Employment Minister, Jo Swinson, has announced that simplified TUPE regulations will be unveiled in September.

Speaking at the CIPD Employment Law Conference on 3 July, Ms Swinson said that new rules on TUPE have been eagerly awaited by employers and promised a “simpler” regime that would provide greater certainty for businesses.

Ms Swinson indicated there would be a scaling back of current rules and stated that Government would clarify the effect on TUPE transfers that are currently in progress.

Also commenting on upcoming reforms, she highlighted the benefits that will be seen from pre-claim conciliation in the Tribunal process, which will force claimants into Acas-administered arbitration in an effort to avoid costly litigation.

She said:

“It will make it easier to end employment relationships that just don’t work out.”

Ms Swinson, added that it would not “enable managers to find a quick way out without going through proper procedures”.

Commenting on forthcoming changes to shared parental leave and the benefits it will offer employers, she said:

“If someone is on maternity leave and their employer wants them back for the Christmas rush – a way for them to keep their hand in with work and then go back to maternity leave – they can’t do that at the moment. That doesn’t make sense. It also doesn’t give justice to fathers.

“The change is important for 21st century ways of working and making the most of women’s talents in the labour market. The number of companies who see women dropping out of the labour market is a real problem.”

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