In your article titled ‘Law Society calls for halt to BVT rollout’, [Law Society chief executive] Des Hudson expressed concerns about BVT (see [2009] Gazette, 21 May, 3).
Since this is a consultation, and I cannot anticipate its result, I will not address Des’s point about timelines.
However there is one point I can clarify for the benefit of your readers. Des says we are ‘strangely silent’ on the question of TUPE.
In fact, we set out in detail our understanding of the law at paragraphs 4.87-4.88 of the first consultation on BVT (December 2007).
This made it clear that in our view TUPE is unlikely to apply to the form of tender that would take place under our BVT proposals, and explained why. Our position on this issue has not changed.
Hugh Barrett, Executive director for commissioning, Legal Services Commission
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