Subjects:

Employment Law, Employment Law

Contents:

The Background to TUPE: An Overview

When do the Regulations apply?

The Effects of a Transfer of an Undertaking

Information and Consultation Requirements

Appendices

Legislation

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

Precedents

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

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.