IDS Brief have just sent out a bulletin breaking the news of the near-repeal of TUPE 2006 by the House of Lords.
On Wednesday, a motion to revoke TUPE 2006 was defeated by a narrow vote margin of just 79:77. The attempt to repeal new TUPE was based on an argument that the drafting of new TUPE failed to meet policy aims, particularly in relation to insolvency.
Lord Sainsbury, defending new TUPE on behalf of the DTI, did admit "I do not pretend that the regulations are completely certain in their effect and in their capture." He went on to say, referring to the DTI guidance on redundancy payments when companies are insolvent, that "I concede that it might potentially confuse the reader".
Read the debate in Hansard