In the UK, a cascade of Transfer of Undertakings (Protection of
Employment) Regulations/TUPE cases - notably and centrally upon the
service provision change, as well as the subsequent enactment of
the Collective Redundancies and the TUPE (Amendment) Regulations
2013 by the UK government - have made necessary this fourth edition
of TUPE: Law & Practice. The new 2013 Amendment Regulations, in
force from January 2014, are intended to clarify the issues raised
by recent cases and also to reduce the burdens on employers of
small enterprises in the UK. This guide provides analysis of: the
scope to "service provision changes" (i.e.
outsourcing/contracting-out and in), as well as clarification of
the Regulation 3 * key changes relating to transfer dismissals and
changes to terms and conditions * pensions obligations under TUPE *
clarified 'joint' consultation rights * the confusing application
of TUPE where the transferor is insolvent. Lawyers, politicians,
policymakers, HR practitioners, as well as academics, will find
that this book brings them up to speed on TUPE. This book aims to
keep pace with these changes, providing practical advice and
cutting edge analysis.
General
Imprint: |
Spiramus Press
|
Country of origin: |
United Kingdom |
Release date: |
February 2014 |
First published: |
February 2014 |
Authors: |
Wyn Derbyshire
• Stephen Hardy
|
Dimensions: |
234 x 156 x 14mm (L x W x T) |
Format: |
Paperback
|
Pages: |
186 |
Edition: |
4th Revised edition |
ISBN-13: |
978-1-907444-82-1 |
Categories: |
Books
|
LSN: |
1-907444-82-3 |
Barcode: |
9781907444821 |
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Review This Product
Employers' interests versus Employees' rights....
Sat, 8 Mar 2014 | Review
by: Phillip T.
TUPE EXAMINED AND EXPLAINED
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Practitioners dealing with matters relating to TUPE will be pleased to know that the latest – now the fourth -- edition of ‘TUPE: Law and Practice’ has recently been released by Spiramus Publishing. Even if you don’t need reminding, TUPE refers to the ‘Transfer of Undertakings (Protection of Employment)’ legislation, the purpose of which is to safeguard employees’ rights where a change in ownership of a business has taken place.
TUPE, by its very nature, has always been complex; now even more so, given the recent increase in TUPE-related cases. Definitely the time has come for another edition of this reliable, well established and now comprehensively updated guide, especially in the light of the new TUPE Amendment Regulations 2014, all of which are aimed at clarifying hitherto uncertain issues inherent in TUPE. Additionally, these regulations will benefit employees of small companies and businesses.
As the expert authors, Wyn Derbyshire and Stephen Hardy, point out: ‘business transfers are usually aimed at business survival or, ideally, business success’. On the other hand, employees caught up in such transfers are inevitably concerned with the security of their jobs and the terms and conditions of their employment.
Where a conflict arises between employers' interests and employees’ contractual rights, this guide is especially useful for clarifying and explaining the law relating to TUPE and identifying best practice in this area.
The book covers the full spectrum of issues likely to arise in this rather volatile area of law, from employment rights, pensions and insolvency, to contracting out. New material includes, for example, Regulation 3 with respect to outsourcing and contracting out or in. Also clarified are ‘joint’ consultation rights and the application of TUPE in cases where the transferor is insolvent.
While the aim of this book is obviously to keep you up to date, the authors note that the European Union has ‘announced its intention to examine whether another revised directive is required’ – something to watch out for in the distant, but not too distant future, no doubt.
In the meantime, if you are a lawyer, not to mention a politician or policy maker this authoritative book will keep you current and well supplied with practical, plain English advice. Also note the handy list of further references and websites.
The publication date is stated as at 31 January 2014.
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