Written question asked by Mike Weir (Scottish National Party) on Friday, 30 November 2001, in the House of Commons. It was due for an answer on Monday, 10 December 2001. It was answered by Alan Johnson (Labour) on Monday, 10 December 2001 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, what plans she has to ensure recompense for those affected by the UK breach of its obligations under the 1977 Acquired Rights Directive.

Answer: Mr. Webb: To ask the Secretary of State for Trade and Industry what plans she has to ensure that those employers who lost out because of the improper implementation of European Directive 77/187 in the TUPE regulations of 1981 will receive compensation; and if she will make a statement. [21938] Mr. Weir: To ask the Secretary of State for Trade and Industry what plans she has to ensure recompense for those affected by the UK breach of its obligations under the 1977 Acquired Rights Directive. [20890] 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.

Secondary information