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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Upex and Ryley on TUPE: Law and Practice 2nd ed isbn 9781846612909

TUPE: Law and Practice

ISBN13: 9780853088622
ISBN: 0853088624
New Edition ISBN: 9781846612909
Published: December 2006
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Out of print

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.

Employment Law
The Background to TUPE: An Overview
When do the Regulations apply?
The Effects of a Transfer of an Undertaking
Information and Consultation Requirements
TUPE 2006 (including Schedules) (SI 246/2006)
Transfer of Employment (Pension Protection)
Regulations 2005
Pensions Act 2004 ss 257-8
Directive 23/2001
Guidence notes
Explanatory Memorandum to TUPE 2006
Final Regulatory impact assessment
Transposition of Council Directive 23 of 2001
A Guide to the 2006 TUPE Regulations for Employees, Employers and Representatives
TUPE 2006 - Redundency and Insolvency Payments (DTI note URN 06/1368)
(Redundency Payments Office guidence letter)
Cabinet Office Statement of Practice - Staff Transfers in the Public Sector (Plus Annex)
Code of Practice on Workforce Matters in Local Authority Service Contracts
Checklist - information and consultation requirements
Employee Transfer Agreement
Sale of business - TUPE warrenties and indemnities
Letter requesting measures information
Letters to employee representatives
Letter to Employee re consultation process;