Clients, too, can see real problems. When they move their accounts it is usually to start afresh with a new agency team - not to retain the old one, as the revised legislation might dictate.
Advertiser body ISBA and advertising agency body the IPA are currently consulting their members on the best way forward.
We have proposed a 'voluntary protocol' - generic to all forms of communications agencies - whereby the existing agency would enter into an agreement with each of the other agencies pitching for the business.
These agencies would agree to provide mutual protection upon a TUPE transfer of staff.
In the long term, we are also considering a challenge to the regulations, but in the meantime we hope to launch our voluntary protocol in the next few weeks to help agencies manage the worst of the potential problems TUPE might throw at them.
Debbie Morrison, director of membership services, ISBA.