The Government has issued for consultation a new statement of practice, aimed at reducing the uncertainty for public employees transferring to the private sector. The intention is to negotiate all public-private partnerships on the assumption that TUPE will apply.

The Transfer of Undertakings (Protection of Employment) Regulations date back to the early `80s. The approach to implementation has been revised regularly, and this is certainly an issue on which legal advice is worth the money.

"The good news," says employment solicitor William Downing of Trowers & Hamlins, "is that TUPE is an area of law which is suggestible and subject to change as a result of the needs of industry practitioners."