Unite the union have reacted with delight to the Bill tabled to amend the Employment Act in respect of TUPE, Transfer of Undertakings (Protection of Employment). The tabled amendment extends protection to employees and workers in the event of a Service Provision Change and therefore transfer to another employer. This means that in the event of such a transfer employees and workers are protected in law in respect of their employment, plus terms and conditions of employment.

Stuart Davies, National Officer for Unite Gibraltar stated: “We are delighted that HMGOG have tabled the Bill to make this important amendment and the timing on the eve of International Workers’ Day could not be better. This was an important gap in legislation and specifically the Employment Act that Unite identified and have lobbied Government to close that loophole.

 “The nature of the amendment may appear niche; however the importance of this amendment cannot be underestimated and means that employers cannot seek to avoid their statutory obligations under TUPE by relying on an argument that TUPE does not apply as it is a Service Provision Change.

 “In recent TUPE transfers, HMGOG have observed the Service Provision Change undertakings; however it is critical to have this enshrined in law and to see a further improvement in employment rights.”