Law and PracticeFROM £90.00
The status of employment 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.
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The status of employment rights on the transfer of an undertaking is a complex area of employment law, fraught with uncertainty and subject to frequent review by the courts. Proposals have been made by the Government to revise the TUPE Regulations with a view to removing unnecessary gold plating beyond the requirements of EU law and to introduce a lighter touch approach. The revised Regulations are expected to come into force early in 2014.
Upex and Ryley on TUPE: Law and Practice offers a definitive account of the legal framework of TUPE following the implementation of the new Regulations 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 on the effect on pension rights
- The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014
- All significant new case-law such as Albron Catering v FNF Bondgenoten (2011), Eddie Stobart v Moreman (2012), Hunter v McCarrick (2012) and Todd v Strain (2011)
- Contains relevant legislation, guidance notes and precedents
TUPE: Law and Practice will be essential reading for all employment lawyers, human resource professionals and those involved in outsourcing, business transfers and sales.
- When does TUPE apply?
- The Effect of a Transfer of an Undertaking
- Dismissals and Issues Arising in Connection with the Transfer
- Information Transfer and Employee Consultation
Phillip Taylor MBE and Elizabeth Taylor of Richmond, Green Chambers
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2.113 The service provision change rules were one of the most significant changes made by TUPE 2006, yet their abolition was under active consideration in the consultation leading to the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (CRATUPE 2014). The proposal for abolition was made on the basis that these rules amounted to unnecessary ‘gold plating’, echoing the general theme of the consultation process, but there was added justification in the feedback from a Call for Evidence, which added to the anecdotal evidence that businesses were not finding these rules easy to apply; the intended benefits of added certainty that had led to the introduction of these provisions in TUPE 2006 were not forthcoming. However, perhaps with one eye on the unattractive alternative of a return to the ‘bad old days’ of the Suzen test, the Government changed its mind at the last minute and the service change provisions were retained.
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