Tupe - Law and Practice: An Overview

Author: Wyn Derbyshire, Stephen Hardy, Stephen Maffey

Price £75.00 Publisher Spiramus Press Publication date 01 April 2006 ISBN 978-1904905189

Publication synopsis For UK employers and their advisers, the new TUPE Regulations, (introduced on 6 April 2006), have been eagerly awaited. They have taken the government five years to finalise, following extensive consultation and usher in a new regime to govern the rights of employees on a takeover or merger of the business which employs them. The new TUPE regulations replace regulations introduced 25 years ago and introduce a number of reforms: extending the scope to service provision changes (i.e. contracting-out); clarification of the overall definition of a relevant transfer; determining key issues relating to transfer dismissals and changes to terms and conditions; clearer pensions obligations; strengthened consultation rights; and the widening of the application of TUPE where the transferor is insolvent. This book provides a guide to the changes, first setting them in the context of the existing TUPE protections. It explores the practical issues to which these have given rise and some of the controversies they have created, particularly in relation to the key areas of insolvency and pensions. The book examines the impact of European law on this area as well as looking at trade union action in the UK in this context. It is an ideal guide for employers and their advisers, and an invaluable reference work for economists, policy-makers, and academics and students.

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