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McMullen: Business Transfers and Employee Rights

McMullen: Business Transfers and Employee Rights

Author: John McMullen
Publisher: LexisNexis U.K. (S)
ISBN: 9780406901552
Published In: Subscription-type (Contents updated periodically)
Format: Loose-leaf
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This leading work on TUPE from the leading commentator provides practical guidance.

Recent years have seen dramatic developments in the law of business transfers, in the House of Lords, the Court of Appeal, the Employment Tribunal and in the European Court, all of which have fundamentally altered the law particularly as it relates to outsourcing, pre-transfer dismissal liability, permitted variations of employment contracts and insolvency issues. The present, widely admired edition of this book in looseleaf format reflects these changes whilst maintaining a concise, readable approach.

This is the leading work on TUPE from the leading commentator. The new looseleaf edition maintains its acclaimed approach of providing practical guidance from the viewpoint of employers, employees, vendors and purchasers, trade unions, and both corporate and litigation lawyers.

It also contains international material covering the law in 29 countries in addition to the UK.

The service includes checklists and guidelines on warranties and indemnities together with a comprehensive collection of statutory materials, consultation papers, Codes of Practice and lists of current cases before the ECJ, decided ECJ cases and tables of current compensation levels.

One looseleaf volume, approx. two service issues and approx. two bulletins per year ensure the validity and currency of the information.
·             Introduction;

·             Take-overs by acquisition of share capital;

·             Miscellaneous cases where continuity of employment is protected by ERA 1996;

·             Business transfers and continuity of employment under the ERA 1996;

·             Transfer of Undertakings (Protection of Employment* Regulations 1981: Structure, sources and applicability;

·             The definition of a transfer and when a transfer occurs;

·             TUPE: Who transfers? Identifying the human stock of the undertaking at the transfer point;

·             TUPE and reg 5: the automatic transfer of employment obligations and the effect of

·             TUPE on the individual employment relationship;

·             Regulation 8 and the prohibition of transfer connected dismissals;

·             Legal controls on an employer's right to agree changes in terms and conditions;

·             The application of TUPE where the transferor is subject to insolvency proceedings;

·             Transfers of undertakings and collective employment law;

·             The transferor's duty to notify employee liability information to a transfer;

·             Fair dealing and employee disclosure: promises and reassurances: contracts, estoppels and representations;

·             Contracting out;

·             Transfers of undertakings in the Irish Republic;

·             International (non-UK and Ireland*;

·             Reform, Future Developments and Transnational Transfers of Undertakings;

·             Appendices A-Z
By John McMullen MA, PhD (Cantab), FCIPD, FRSA, Partner, Short Richardson and Forth LLP, Visiting Professor of Law, Durham University