Obviously, I do not agree, because the rights involved are specific to a transfer situation and are provided by the TUPE regulations and not by general law. My point is that those who think that they are safe from the TUPE regulations might find themselves caught by a subsequent court action. That is an uncertainty in the market from which I would have thought that business people would want to be free. If we make the position clear in law by adopting my hon. Friend's Bill, we will do them a favour too, although I repeat that my prime focus is to do a favour to those whose jobs are at stake and who are worried when such a takeover takes place.
Lastly, paragraph 7.3 of the explanatory memorandum to the 2006 regulations states:"““The Government considers that, ideally, everyone should know where they stand when a business sale or reorganisation, or a contracting-out or similar exercise, takes place, so that employers can plan effectively in a climate of fair competition and affected employees are protected as a matter of course.””"
I agree entirely with that statement, and adopt it as my idea of what is fair in such a situation. That is why I support the Bill.
Private Equity (Transfer of Undertakings and Protection of Employment) Bill
Proceeding contribution from
David Kidney
(Labour)
in the House of Commons on Friday, 7 March 2008.
It occurred during Debate on bills on Private Equity (Transfer of Undertakings and Protection of Employment) Bill.
Type
Proceeding contribution
Reference
472 c2065;472 c2063 
Session
2007-08
Chamber / Committee
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2023-12-15 23:58:55 +0000
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