Acquired Rights Directive

HC Deb 16 January 2002 vol 378 c336W

Mr. Weir

To ask the Secretary of State for Trade and Industry when the Government intend to take action to ensure recompense for those affected by the UK breach of its Community obligations under the 1977 acquired rights directive. [27273]

Alan Johnson

The Government have admitted that, until the TUPE Regulations were amended in 1993, the acquired rights directive was not implemented correctly, and that this was a sufficiently serious breach of the UK's EC obligations to give rise to a liability for damages, where anyone suffered losses as a result. The Government are therefore prepared to compensate anyone affected provided that they can show that they suffered loss as a result of that breach. At present, a number of claims have been brought in the courts, but without the cause and amount of the claimed losses having been established.