Subjects:

Employment Law

Contents:

Introduction - the scope of the public sector, Colin Bourn

the aims of the Acquired Rights Directive and TUPE, Colin Bourn

what is a relevant transfer, Colin Bourn

the history and nature of contracting-out of services in the public sector, Karl Larrad

the disclosure of workforce information, Karl Larrad

dismissals and the Acquired Rights Directive, Colin Bourn and Paul Thorpe

variation and harmonization of terms, Colin Bourn and Paul Thorpe

pensions and TUPE, Catherine Bailey

information and consultation, Pascale Lorber

the future of the transfers regime, Stephen Hardy.

This volume discusses the impact of the transfer of undertakings regime upon the public sector, particularly focusing on the interaction between the protection of employee rights and the restructuring and modernization of public services. The crux of the book is the interaction of market-led policies in the public sector, such as compulsory competitive tendering, best value and the PFI, with the protection of employee rights on the transfer of imployment. It considers the evolving law on the scope of a relevant transfer under the European Acquired Rights Directive and the TUPE regulations, before reviewing the present stte of the law on dismissals, variation of terms, pensions and employee consultation in transfer-related situations. The book incorporates consideration of the text of the 1998 revision of the Acquired Rights Directive.