Written question asked by Gordon Marsden (Labour) on Thursday, 16 December 1999, in the House of Commons. It was due for an answer on Tuesday, 21 December 1999. It was answered by Alan Johnson (Labour) on Tuesday, 21 December 1999 on behalf of the Department of Trade and Industry.

Dept of Trade and Industry

Question: 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. - Inc figures.

Answer: 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.

Secondary information

Type: Written question
Reference: 341 c455-6W; 103644
Session: 1999-00
Subjects: Complaints Conditions of employment Employment Tribunals Service Enforcement Protection
Legislation: Transfer of Undertakings (Protection of Employment) Regulations 1981
Contains statistics: Yes