TUPE: Law and Practice

Author: Robert Upex; Michael Ryley
Publisher: LexisNexis U.K.
ISBN: 9780853088622
Published In: December 2006
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Offers a definitive account of the legal framework of TUPE, together with a comprehensive look at the practical application of the law

The status of employee rights on the transfer of an undertaking is an extremely complex area of employment law, fraught with uncertainty and subject to frequent review by the courts. The TUPE Regulations, brought into force in April 2006, simplify this area of law and provide greater certainty for all parties to a transfer. Major changes introduced by the Regulations include:

TUPE: Law and Practice offers a definitive account of the legal framework of TUPE, together with a comprehensive look at the practical application of the law, dealing with such issues as:

when the regulations apply
the effects of a transfer
dismissals and issues arising in connection with a transfer
information and consultation requirements
the effect on pension rights

Useful appendices include expertly drafted precedents, the full text of all relevant regulations, the European Directive, as well as the Cabinet Office Statement of Practice on Staff Transfers in the Public Sector.

TUPE: Law and Practice will be essential reading for all employment lawyers, human resource professionals and those involved in business transfers and sales.

an expanded definition of service provision to cover any contracting out scenario
a clarification of how dismissals and changes to terms and conditions of employment will be dealt with under TUPE
an obligation to provide information regarding employees who will transfer in advance of the transfer

When does TUPE apply?
The Effect of a Transfer of an Undertaking
Dismissals and Issues Arising in Connection with the Transfer
Information transfer and Employee Consultation

APPENDICES

Legislation

The Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246
The Transfer of Employment (Pension Protection) Regulations 2005, SI 2005/649
Pensions Act 2004 (C35), SS 257-258
Council Directive 2001/23/EC

Guidance Note, etc

Explanatory Memorandum to TUPE 2006
Final Regulatory Impact Assessment
Transposition of Council Directive 2001/23/EC
DTI Guide to the 2006 TUPE Regulations for Employees, Employers and Representatives
TUPE 2006 - Redundancy and Insolvency Payments (DTI Note URN 06/1368)
Redundancy Payments Office Guidance Letter
Cabinet Office Statement of Practice - Staff Transfers in the Public Sector
Code of Practice on Workforce Matters in Public Sector Service Contracts

Precedents, etc195