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Employment Law - Calls for Evidence
Two calls for evidence have been issued and both close on the 31 Jan 2012, onm the following:
- The Collective Redundancy Consultation Rules
- The Transfer of Undertakings (Protection of Employment) Regulations 2006
The calls for evidence have been issued following findings and comments made as part of the Employment Law Review and the Red Tape Challenge. In its call for evidence the Government states that it “is seeking to ensure that the UK has a labour market where both employers and workers are informed and empowered and able to negotiate their relationship with minimal intervention by Government.”
The calls for evidence consider four main areas:
• the process of consultation, including the ability to reach agreement and the issue of establishment
• the minimum periods for consultation and notification
• high impact redundancies
• the link with TUPE and insolvency legislation
In its call for evidence on Collective Redundancy Consultation Rules the government states that they “are keen to establish the advantages and disadvantages of the current rules on collective redundancy consultation. We want to find out what effect they have on business confidence and flexibility to respond effectively and appropriately to market opportunities and challenges. We want to understand the challenges for business in pursuing collective redundancy consultation – including the barriers to starting consultation and achieving agreement. We also want to explore the issues for employees – including the ability to engage meaningfully with their employer during a consultation and the ability to find and secure alternative employment or training, should that prove necessary.”
In its call for evidence on Effectiveness of transfer of undertakings (protection of employment - TUPE) regulations 2006 the government are seeking views on the effectiveness of the TUPE regulations. The government states that “Whilst the Regulations implement a European Directive and provide important protections for both employers and employees, the Government is concerned that some businesses believe they are ‘gold-plated’ and overly bureaucratic. A series of questions have been provided to gauge views on whether this is the case and whether the Regulations should be changed.”
Click here to view both discussion papers.