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Blackstone's Guide to The New Transfer of Undertakings Legislation

Blackstone's Guide to The New Transfer of Undertakings Legislation

Author: Charles Wynn-Evans
Publisher: Oxford University Press
ISBN: 9780199289059
Published In: May 2006
Format: Paperback , 302 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides the first practical guide, overview and commentary to these significant new Regulations, in force from October 2005, making it an essential resource for all employment law practitioners
Includes the full text of the Transfer of Undertakings (Protection of Employment) Regulations (the 2005 Regs) and the Transfer of Undertakings (Pension Protection) Regulations ("the Pension Regulations") 2005, allowing quick and easy access to the legislation.
Makes reference to the previous Regulations so as to compare and explain how the Law will now work
Clear and easy to use layout making it is an excellent quick reference tool
Includes a full copy of the legislation

The

Blackstone's Guide

Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The UK's transfer of undertakings legislation has historically been one of the most complex, unpredictable, and commercially significant aspects of the UK's employment law regime. It has far-reaching financial, HR, and practical significance for private and public sector transitions in areas such as outsourcing, contract tenders, and asset disposals. TUPE 2005 will deliver a major restatement of the UK's 1981 transfer of undertakings legislation, and will introduce the following which employment law practitioners, contract managers and administrators will need to master;

· A new Acquired Rights Directive

· A new concept of service provision change

· Wider protection for employees dismissed because of transfer

· Three new categories of dismissal

This Guide will cover all of these new provisions and their impact on related legislation, whilst also placing the new regulations in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require. This Guide includes the full text of the legislation and will also have a section of useful precedents.

Readership: Primary market: solicitors and barristers working in the fields of employment, HR, and pensions law. Secondary market: HR and personnel professionals.

1: Introduction
The Purpose of the Transfer Legislation
Share-based Transactions
An Overview of the New Legislation
Public Sector Issues
2: Identifying a Relevant Transfer
The Two Statutory Definitions
A Transfer of an Undertaking
Labour-intensive Activities
Miscellaneous
3: Service Provision Changes
Introduction
Definition
Organised Grouping of Employees
Principal Purpose
One-off Service Contracts
Supply of Goods
Innovative Bids
Professional Business Services
Issues of Interpretation
Conclusions
4: Who Transfers?
Who Transfers?
Electing not to Transfer
5: Transfer of Individual and Collective Obligations
Transfer of Individual Rights
Collective Agreements
Trade Union Recognition
Other Representative Structures
6: Variations to Employees' Contracts
Case Law Background
Changed Permitted by TUPE 2006
7: Transfer-related Dismissals
Introduction
Automatic Unfair Dismissal
Connection with the Transfer
Economic, Technical or Organisational Reasons Entailing Changes in the Workforce
Liability and Fairness Generally
8: Provision of Employee Information
Introduction
Employees
Information
Delivery and Updating
Instalments
Indirect Provision
Timing
Remedy
Due Diligence Exercises
Contracting Out
9: Collective Information and Consultation
Overview
Affected Employees
Information
Consultation
Representation of Employees
Remedies for Breach
Interaction with Consultation Requirements
Planning for Compliance
10: Insolvency Situations
Introduction
Bankruptcy and Analogous Insolvency Proceedings
Transferor's Debts
Contract Variations
Misuse of Insolvency Proceedings
Hiving Down
11: Pensions
Overview
The Pensions Exclusion
Beckmann and Martin
TUPE 2006 Pension Provisions
PA 2004 and PPR 2005
12: Miscellaneous
Contracting Out
Territoriality
Drafting and Commercial Points
Assertion of Statutory Rights
APPENDICES
Appendix 1: Transfer of Undertakings (Protection of Employment) Regulations 2006
Appendix 2: Pensions Act 2004, ss 257 and 258
Appendix 3:Transfer of Employment (Pension Protection) Regulations 2005