HC Deb 21 December 1999 vol 341 cc455-6W
Mr. Gordon Marsden

To ask the Secretary of State for Trade and Industry how many breaches of the TUPE Regulations there have been in the last 12 months. [103644]

Mr. Alan Johnson

Employees or employee representatives who consider that their rights under these Regulations have been infringed may seek legal redress. In 1998–99, the most recent year for which statistics are available, 505 complaints were made to the Employment Tribunals alleging unfair dismissal by reason of a transfer of an undertaking, and 886 alleging breach of the requirements relating to information and consultation of employee representatives about a transfer of an undertaking. Statistics are not available to show what proportion of these complaints were upheld; some of the cases are still ongoing. Redress for unlawful changes to terms and conditions by reason of a transfer of an undertaking may be sought either from the civil courts or, in certain circumstances, the Employment Tribunals. These are not identified separately from other breach of contract complaints in the available statistics.

Mr. Gordon Marsden

To ask the Secretary of State for Trade and Industry what mechanisms exist to monitor the observance of the TUPE Regulations by private sector employers. [103645]

Mr. Alan Johnson

The TUPE Regulations, like other aspects of the employment rights legislation, provide for those who consider that their rights have been infringed to seek redress through the Employment Tribunals or, in appropriate cases, the civil courts. The number of cases brought gives an indication of the extent to which private sector employers are observing the Regulations.

Mr. Gordon Marsden

To ask the Secretary of State for Trade and Industry what plans she has to amend the TUPE Regulations. [103716]

Mr. Alan Johnson

My Department intends to publish shortly a public consultation document setting out detailed proposals for the amendment of these Regulations. The Government's aim in putting forward the proposals will be to improve the Regulations operation and to implement requirements of a revised EC Acquired Rights Directive successfully negotiated last year as a social affairs priority under the UK Presidency. This will be to the benefit of employers, employees and the economy as a whole.