Equality Bill [HL]

moved Amendment No. 159:"Page 23, line 12, at end insert—" ““(6)   The protection afforded by the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794) shall be available upon application to all staff of the former Commissions.”” The noble Baroness said: This is a probing amendment. At Second Reading, I raised the matter of the application of the TUPE regulations to the staff of the former commissions. The wording in Clause 40 at first sight appears to cover the point that I raised at the time, but I am now not so sure. In the briefing that I received from one of the commissions, it would appear that the staff have some doubts as well. All would appear to depend on a direction that must be issued under Clause 39, which may be revoked where the Secretary of State thinks appropriate. My amendment would make it clear that the protection of the TUPE regulations would be available to all staff of the former commissions. The wording of the relevant clause seems to be rather obscure, and it is clear that the staff of one of the commissions think so as well. The amendment’s objective is to get the matter clear so far as they are concerned. I beg to move.