IPA recommends drastic action over new EU law

The Institute of Practitioners in Advertising (IPA) is recommending that advertising agencies abolish dedicated account teams altogether to avoid problems over new European employment laws, which come into effect in two weeks’ time.

The new Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) could mean that an agency that wins business from a rival agency is required to employ all of the incumbent agency’s staff who worked on that account.

For example, following Orange’s decision to move its UK ad account out of Mother and into Fallon, Fallon could theoretically be forced to offer jobs to all of Mother’s Orange account team. Fallon may also find that it has to pay these new staff according to their old contracts, which may not be in line with the rest of their employees.

The TUPE regulations strictly apply only to staff who are assigned to work on a particular account on a full-time basis.

The IPA, in conjunction with specialist employment lawyers Fox Williams, is holding a breakfast meeting this week to highlight the potential problems with TUPE.

The IPA and Fox Williams point out that staff do not have to exercise their rights under the TUPE regulations, and suggest that agencies should rewrite their standard employment contracts and the contracts they sign with clients to minimise potential problems.

They also suggest that agencies should increase the number of contractors it uses, cutting back on direct employees.

Latest from Marketing Week

Influencers, consultancies and the recruitment crisis: The key topics of conversation at Cannes Lions

cannes lions

Cannes Lions 2018: Marketers turned out in force to advertising’s biggest annual event. But away from the usual talk of purpose and creativity, some big issues such as the recruitment crisis, how advertising responds to the #MeToo movement and cleaning up the influencer marketing space were discussed.


Access Marketing Week’s wealth of insight, analysis and opinion that will help you do your job better.

Register and receive the best content from the only UK title 100% dedicated to serving marketers' needs.

We’ll ask you just a few questions about what you do and where you work. The more we know about our visitors, the better and more relevant content we can provide for them. And, yes, knowing our audience better helps us find commercial partners too. Don't worry, we won't share your information with other parties, unless you give us permission to do so.

Register now


Our award winning editorial team (PPA Digital Brand of the Year) ask the big questions about the biggest issues on everything from strategy through to execution to help you navigate the fast moving modern marketing landscape.


From the opportunities and challenges of emerging technology to the need for greater effectiveness, from the challenge of measurement to building a marketing team fit for the future, we are your guide.


Information, inspiration and advice from the marketing world and beyond that will help you develop as a marketer and as a leader.

Having problems?

Contact us on +44 (0)20 7292 3703 or email customerservices@marketingweek.com

If you are looking for our Jobs site, please click here