TUPE: Law and Practice

Transfer of Undertakings (protection of Employment) Regulations 2006

Wyn Derbyshire, Stephen Hardy, Grant Jones, Stephen Maffey (Autoren)

164 Seiten

2009 | 2nd edition
Spiramus Press (Hersteller)
978-1-904905-63-9 (ISBN)

Infos

Since the revised Transfer of Undertakings (Protection of Employment) Regulations (TUPE) were introduced in April 2006, UK employers and their advisers have been grappling with the consequences for terms and conditions of employment, pensions provision, and insolvencies. The TUPE regulations introduced a number of key UK reforms, including: extending the scope of the TUPE regime to "service provision changes" (i.e. contracting-out) . clarification of the definition of 'a relevant transfer' . determining key issues relating to transfer dismissals and changes to terms and conditions . clearer pensions obligations . strengthened consultation rights . the widening of the application of TUPE where the transferor employer is insolvent. This second edition provides a guide to the TUPE Regulations 2006, 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 since they came into force. 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 it is an invaluable reference work for economists, HR managers, policy-makers, academics, and students.

Autor

Wyn Derbyshire originally trained as a research chemist, gaining a PhD from the University of Cambridge before qualifying as a lawyer. He has for many years been interested in financial history. He is writing a series of biographies of tycoons for Spiramus Press. Dr Stephen Hardy was for 13 years a law academic (latterly of the University of Manchester), researching into the European, commercial and employment law. As a result he is a respected scholar and author of numerous books and articles in the fields of employment/discrimination and European law. He now practises at the Bar. Formerly he has worked at the EU Commission and the European Parliament, as well as special advisor to the UK Government (DTI).

Inhalt

PREFACE.. v
CONTENTS. vii
TABLE OF LEGISLATION... xi
TABLE OF CASES. xv
GLOSSARY OF TERMS. xix
Chapter 1: TUPE IN CONTEXT.. 1
TUPE or not TUPE?. 1
The Original - 1977 Directive. 3
TUPE Regulations 1981. 4
Chapter 2: EMPLOYMENT RIGHTS IN TUPE - THE NEW REGIME.. 7
1998 ARD.. 7
UK's Pre-Existing Law before TUPE.. 8
TUPE Regulations 1981. 9
ECJ's Case Law, 1985-2006. 14
UK judicial guidance, 1987-2006. 19
Consultation rights. 24
Key TUPE Provisions on Collective rights. 25
The Collective Redundancies and Transfer of Undertakings (Protection of Employment)(Amendment) Regulations 1999 27
Practical Issues post-1999 Consultation Regulations. 30
Elected Representatives. 30
Timescales. 30
Information obligations. 31
Consultation rights. 31
Remedies. 31
Revising the Directive. 32
Amended Directive 1998. 34
Chapter 3: PENSIONS AND TUPE.. 39
The Pensions Exclusion.. 39
The ECJ and Pensions Rights under TUPE.. 43
Pensions and Public Sector Transfers. 50
TUPE and the Pensions Act 2004. 51
Chapter 4: TUPE AND INSOLVENCY.. 57
The Old Regime. 57
Hiving-down.. 62
The meaning of ETO in insolvency situations. 62
Insolvency under the 2006 regime. 64
Pre-Pack insolvency. 67
Permitted variations of terms and conditions of employment 67
Notification requirements. 70
Misuse of insolvency proceedings. 70
Insolvency and TUPE Working Together?. 70
Chapter 5: SERVICE PROVISION CHANGES AND TUPE.. 73
What is service provision change (aka ‘out-sourcing')?. 73
Workforce matters in local authority contracts: Best Value. 74
Contracting-Out and TUPE.. 75
Ordinary Transfers versus Contracting-Out Transfers. 77
Practical Issues on TUPE with Contracting-Out 78
Contracting-Out, TUPE and the Law... 80
The ‘ETO’ Defences and contracting. 84
Chapter 6: TUPE 2006. 95
TUPE Regulations 2006. 95
Types of Transfer. 95
Effect of Relevant Transfers. 98
Collective Agreements and Trade Union Recognition.. 100
Employee Dismissal 100
Insolvency. 101
Pensions. 101
Employee Liability Information.. 101
Duty to Inform and Consult 103
Election of Employee Representatives. 105
Failure to Inform or Consult 106
Employers’ Liability Compulsory Insurance. 109
Restriction on Contracting Out 109
TUPE and Business Transactions. 110
Due Diligence. 110
Negotiation of the Contractual Terms. 113
Other issues. 114
Further References. 115
Useful Websites. 117
APPENDICES. 119
APPENDIX 1: Council Directive 98/50/EC.. 119
APPENDIX 2: New TUPE Regulations 2006. 131
APPENDIX 3: Pensions Act 2004, sections 257 and 258. 155
APPENDIX 4: Pensions Protection Regulations 2005. 159
INDEX.. 163

Produkt-Details

• Erscheint lt. Verlag: 20.4.2009
• Verlagsort: London
• Sprache: englisch
• Maße: 156 x 234 mm
• Themenwelt: Recht / Steuern ► Arbeits- / Sozialrecht ► Arbeitsrecht
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• ISBN-10: 1-904905-63-3 / 1904905633
• ISBN-13: 978-1-904905-63-9 / 9781904905639
• Zustand: Neuware