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GOVERNMENT SHOULD BEAR COSTS OF TUPE, SAY ASSOCIATIONS

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The government must take responsibility for any claims from employees wrongly dismissed as a result of the failure ...
The government must take responsibility for any claims from employees wrongly dismissed as a result of the failure to implement the Transfer of Undertakings (Protection of Employment) Regulations, the local authority associations said yesterday.

The associations also said that councils should be indemnified against any claims and caled for an end to the confusion between transfer law and the Department of the Environment's guidance (circular 10/93) on what may constitute anti-competitive behaviour.

The associations stressed that councils are looking for more certainty about the process and for equal treatment of both council direct service organisations and private firms.

The government conceded that TUPE is causing uncertainty, the asociations said.

Later in a joint statement the associations said: 'We welcome the government's admission that further guidance on TUPE is needed. But it must address all the issues we have raised if TUPE is to be clarified once and for all.

'What we need is unambiguous advice that ensures a level playing field for private sector businesses and DSOs alike.

We must also have an assurance that the government will meet the cost of any legal claims arising from its failure to properly implement European law.'

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