§ Mr. Meacher
To ask the Secretary of State for Employment what is the Government's policy on the implementation of the acquired rights directive, following the recent decision of the European Court of Justice on the Transfer of Undertakings (Protection of Employment) Regulations 1981; and what steps he will take to ensure that the terms of the directive are being complied with when a transfer of work from the public to the private sector takes place.95W
§ Mr. Michael Forsyth
The directive was implemented by the Transfer of Undertakings (Protection of Employment) Regulations 1981. Amendments to the regulations in the Trade Union Reform and Employment Rights Act 1993 had already dealt with all but one of the points in the European Court of Justice judgment of 8 June. The Government are presently considering what changes need to be made in respect of the outstanding issue which concerns consultation arrangements.
Detailed guidance on the application of TUPE to market testing was issued by my right hon. Friend the Chancellor of the Duchy of Lancaster in the note entitled "Guidance on the Relevance of the Transfer of Undertakings (Protection of Employment) Regulations to Market Testing of Public Services", published on 11 March 1993, a copy of which is in the Library.