The Law of TUPE Transfers, 3rd Edition

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The Law of TUPE Transfers, 3rd Edition

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The UK's transfer of undertakings legislation - TUPE - is of immense practical, commercial, and financial significance to employers and employees in both the public and private sectors, yet it is also one of the most notoriously complex and unpredictable areas of employment law. This specialist reference text offers a concise yet comprehensive examination of all aspects of TUPE, covering issues such as when the regulations apply, the legal effects of a transfer, the information and consultation requirements of the legislation, and claims arising from transfer related dismissals.

This third edition, updated to reflect the developments in this area since the previous edition in 2016, addresses decisions such as Govaerts and McTear on the impact on employees of the division of the undertaking in or services on which they work, Astrea on the validity of allegedly improper beneficial changes agreed pre transfer, Nicholls on the application of TUPE to public sector transfers, the application of TUPE to workers in Dewhurst, and many others.

New to this Edition:
- Considers the impact of EU withdrawal legislation to the extent relevant to TUPE
- Analyses of the Govaerts and McTear decisions on the split of functions on a transfer
- Examines the Xerox case on transfer of a business overseas
1: Introduction
2: Identifying a Relevant Transfer
3: Service Provision Changes
4: Who Transfers?
5: Transfer of Individual and Collective Obligations
6: Variation to Employee's Contracts
7: Transfer-Related Dismissals
8: Provision of Employee Information
9: Collective Information and Consultation
10: Insolvency Situations
11: Pensions
12: Miscellaneous
Appendix 1: Transfer of Undertakings (Protection of Employment) Regulations 2006
Appendix 2: Pension Act 2004 (extract)
Appendix 3: Transfer of Employment (Pension Protection) Regulations 2005
Appendix 4: Council Directive 2001/23/EC
Charles Wynn-Evans, Partner and Head of Employment, Dechert LLP, London

Charles Wynn-Evans is a partner at Dechert LLP and head of the employment group in its London office. He is also a fee-paid Employment Judge assigned to the Birmingham Region and a CEDR accredited mediator. He is a member of the Employment Law Committees of the City of London Law Society and the Law Society of England and Wales and a member of the Executive Committee of the Industrial Law Society.
" Reviews of Blackstone's Guide to the New Transfer of Undertakings Legislation , Charles Wynn-Evans (May 2006) "

"Quite simply, it reads well. The discussion of the case law is of a particularly high standard ... this is an excellent work, of which the author should be proud, and which is easy to recommend to those dealing with the subject." -Professor Ian Smith, New Law Journal, 4 August 2006

"It is without doubt the best analysis of either the new TUPE regulations or the pre-existing law that the reviewer has read ... this timely and accessible work is worth appreciably more than it costs to buy." - Geoffrey Mead, Employment Law Journal, September 2006