Bring on the Bonfire of the Red Tape - Don't Stop at Health & Safety Vince!

If the government really wants to stimulate growth and give entrepreneurs the opportunities they need to bolster the economy, regulation needs to be relaxed right across the board. Reducing health and safety red tape for SMEs is a good start - let's hope TUPE is next on the list.

The announcement that Vince Cable is to relax health and safety regulations for SMEs will be welcome news for entrepreneurs who are well aware that excessive regulation can be the nail in the coffin for small businesses.

However, the response from the SME community has been somewhat muted and perhaps that's because there are far greater threats to our growing businesses when it comes to sticking to the rules.

And these are threats that not only stunt business growth but also stunt business responsibility.

TUPE is top of the list of ridiculous regulations which can seriously hamper business growth and it needs to change.

Put simply, TUPE (Transfer of Undertakings (Protection of Employment) Regulations) means that an employee's terms and conditions of employment don't change when a business is transferred from one owner to another.

The protection it offers sounds like a fair enough rule to stop employees being left in the lurch when a company is bought out. No one should have their terms of employment adjusted just because the company they work for is sold to another party. Any responsible businessperson would agree.

TUPE also applies when an organisation decides to switch suppliers in contracted services. Again, this often makes sense when talking about large contracts. Anyone would agree that the Virgin Trains employees should be protected if the franchise is ever transferred to another supplier.

But on smaller, people-led service contracts it's not so black and white.

Take cleaning for example. If a small office wants to change their cleaning supplier because their one cleaner just isn't doing the job properly should the new cleaning company be forced to take on the existing cleaner as part of the 'transfer'? Under the current TUPE regulations they would have to.

Clients are often bitterly disappointed to find that, thanks to TUPE, although they've switched suppliers, it'll be the very same person delivering the service that it's always been.

Another problem with TUPE is that it is - in the infamous words of Forrest Gump - like a box of chocolates: you just don't know what you're going to get.

When following TUPE regulations to the letter, as well as taking on people you also inherit any grievances, outstanding holiday balances and long-service promises, all of which can prove to be very costly.

Companies are rarely privy to these details when quoting for new business. What sensible company would make an investment when they have no idea what risks are involved?

To make matters worse, at The Clean Space, we are well aware that many of our competitors in the cleaning industry simply ignore the legislation. When weighing up an opportunity, only the responsible business will factor in the potential costs associated with TUPE - which results in irresponsible businesses driving down costs to an unfair level.

It's plain to see that the current form of TUPE is not just anti-entrepreneurial but also favours the irresponsible approach to business that politicians seem so keen to move on from.

So what's the solution? Some might say "if you can't beat 'em, join 'em" but flouting rules intended to protect individuals is never going to sit comfortably with a Managing Director taking a responsible approach to business.

The other answer might be to call for tighter enforcement of TUPE so we at least have a level playing field. But for the reasons outlined above, this legislation is clearly anti-entrepreneurial - it forces businesses to take blind risks and can seriously hamper growth.

If the government really wants to stimulate growth and give entrepreneurs the opportunities they need to bolster the economy, regulation needs to be relaxed right across the board. Reducing health and safety red tape for SMEs is a good start - let's hope TUPE is next on the list.

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