CCT hit by European TUPE ruling

A dramatic European Court ruling that the UK Government has failed to implement the Acquired Rights Directive correctly confirms that its compulsory competitive tendering policy is falling apart.

So says Norman Meek, the former TGWU union official who defected to join the new Construction Building Trades section at the AEEU in 1991.

Meek is well placed to comment: he was the local TGWU official responsible for first taking up the case of the Eastbourne dustmen who lost their jobs when local authority services were privatised and whose fight for compensation culminated in last week's landmark European decision.

Meek revealed this week that an anonymous tip-off had alerted him to the fact that the TUPE regulations implementing the Acquired Rights Directive were applicable to local authority enterprises.

'The whole area is now a minefield,' he said. 'And that is because of the Government's ostrich-like attitude. They have ignored the laws and made us look fools in Europe.

'And they have let down contractors. Firms are making a business decision not to tender against certain direct labour departments because they might have to pick up a redundancy tab. At least the companies should know where they stand. But the Government remains totally inactive.'

Meek previously hit the headlines three years ago when his car was the target of an apparent fire-bomb attack.

The European ruling largely confirms domestic court decisions, says the Building Employers Confederation. But a further amendment to the Transfer of Undertakings (protection of Employment) regulations - TUPE - will be needed to take account of the ruling that there must be consultation with the workforce prior to any transfer.