The Plan to Make Work Pay said that the Government wanted to ‘strengthen’ rights and protections for workers subject to TUPE processes. It is unclear what is meant by strengthening TUPE protections at this stage.
The Next Steps document states that this is part of its longer-term reform plan and that the Government will launch a call for evidence to holistically examine a wide variety of issues relating to TUPE regulations and process, including how they are implemented in practice.
In addition, the ERA 2025 introduces reforms in respect of public sector outsourcing. The ERA 2025 contains powers aimed at preventing two tier workforces when public services are outsourced. The Government has said it wishes to reinstate and strengthen the Code of Practice on Workforce Matters in Public Sector Service Contracts (known as the two tier-code) through regulations and a Code of Practice. The provisions will also give the power to make regulations regarding provisions which contracting authorities must take all reasonable steps to ensure are included in relevant outsourcing contracts. Full details are outside the scope of this hub – see the Government’s Factsheet.
Timing and developments
TUPE review
Not included in ERA 2025.
This reform will be part of its longer-term plan as the Government recognises that it will take longer to consider how to make changes and implement them. It has committed to launching a call for evidence.
Public sector outsourcing
Included in the ERA 2025.
The Government’ roadmap’s updated timeline indicates that these measures will take effect in October 2026.