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Transfer of Undertakings

Transfer of Undertakings

  • Author:
  • Publisher: Sweet & Maxwell U.K.
  • ISBN: 9780752004761
  • 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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  • Description 
  • Contents 

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This is a full guide to the effects of the Transfer of Undertakings (Protection of Employment) Regulations and subsequent interpretation by the courts. The regulations are explained clearly, with advice on when they apply and to whom in all types of situations.
The work includes a comprehensive range of precedents and pleadings, including tried and tested indemnity clauses, supported by guidance on drafting. Adding further value to the work is a selection of checklists to be used by both the buyer and the seller before, during, and after the transaction. Over 100 leading cases are assessed with commentary on their implications for transfers in both the public and private sectors.

* Clarification of the legal principles of TUPE
* Full commentary on the regulations
* Advice on carrying out effective investigations of the seller's business
* Guidance on negotiating successful purchases
* Ways of limiting liabilities before, during and after the transfer
* Includes key precedents and pleadings, plus drafting guidelines

* Summarises over 100 cases with full interpretation of the key facts and the implications of each decision
* Numerous checklists to ensure the correct legal issues are considered
* Glossary of terms

  • When does TUPE apply?
  • Principles of automatic transfer
  • Special protection against dismissal
  • Information and consultation
  • Notification of employer liability information
  • Contracting out
  • TUPE and insolvency
  • TUPE and the public sector
  • Claims arising under TUPE
  • Litigation non-TUPE protection
  • TUPE and cross border transfers
  • Long-range planning
  • Outsourcing agreements
  • European Union policy developments
  • Case digests
  • Precedents
  • Source materials

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