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Government is seeking views on reforms to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and abolishing the legal framework for European Works Councils.

The consultation closes 11 July. Full details can be found here.

Depending on your feedback, the BRC plans to submit a response on behalf of retailers. To do so, we’re asking that you please share your responses to the consultation or overall key concerns and comments with Luiza (luiza.gomes@brc.org.uk) by COP on Wednesday, 26 June 2024.

The consultation seeks views on the following proposals:

1. Reaffirming that only employees are protected by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)

Proposing to amend the definition of ‘employee’ in the TUPE regulations to clarify that limb (b) workers are not protected by the regulations.

  • What effect has the ruling that TUPE applies to workers (Dewhurst v Revisecatch) had on employers or workers?
  • Do you agree that the government should amend the definition?
  • Is this the best way to ensure workers are excluded?

2. Removing the complex obligation to split employees’ contracts between multiple employers where a business is transferred to more than one new business 

Proposing to amend the TUPE regulations to clarify that an employment contract should only be transferred to one employer and should not be split between multiple employers. Employers taking over the business would be required to agree who should be responsible for each employee’s contract. 

  • How common are TUPE transfers involving multiple transferees and what are the practical considerations?
  • Do you agree government should legislate to prevent employment contracts being ‘split’ between multiple transferees? 
3. Abolishing the legal framework for European Works Councils

Proposing to repeal the legal framework for EWCs in the UK, including a repeal of the current requirement to maintain existing EWCs.

  • Do you agree government should abolish the legal framework for EWCs?
  • Any other options government should consider instead of abolishing EWCs?

Please follow this link to read the consultation questions in full, and also its impact assessment. We welcome your views on this by Wednesday, 26 June 2024 – please contact Luiza (luiza.gomes@brc.org.uk).