TUPE: Law and Practice

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 new TUPE Regulations, brought into force on 6 April 2006, are intended to simplify this area of law and provide greater certainty for all parties to a transfer. Major changes introduced by the Regulations include:-

• 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.

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.