The legal position surrounding business transfers in the UK and the EU is a web of complexity, resulting in uncertainty and confusion. This book provides a much needed, practical analysis of the law concerning business transfers and how it affects the relationship between employees and employers in the UK and the EU. The book considers the legal framework, case law and other current salient HR issues on transfers such as the impact of this law on outsourcing, contracting and 'best value'. With mergers, acquisitions and organisational restructuring an ever-present factor in today's workplace, this book will help busy managers make sense of complex legal issues and get a grip on recent case law and legislation.
Lawyers, politicians and policymakers, HR practitioners, as well as academics, will find 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.
Regulation 7 of TUPE 2006 provides that if before or after a relevant transfer any employee of the transferor or transferee is dismissed, that employee shall automatically be treated as unfairly dismissed if the sole or principal reason ...
The point of note here is that understanding property rights as contingent claims explains TUPE's conferral of rights to information and consultation triggered in situations where employees' firm-specific interests are threatened by the ...
It's my understanding that TUPE does not cover pensions , but the transferred bodies can opt to include pensions . I just wonder whether the employees who are transferred will remain in the pension scheme .
77 A Davis-Blake and J Broschak, 'Outsourcing and the changing nature of work' (2009) 35 Annual Review of Sociology 321,333. 78 S Cartwright and C Cooper, Mergers and Acquisitions: The Human Factor (Oxford: Butterworth Heinemann, ...
TUPE Explained: A Legal Guide to the New 2003 Regulations
113 See, eg DLA Piper, 'TUPE: Albron Catering BV v FNV Bondgenoten' (2010); Freshfields Bruckhaus Deringer, 'Simplifying the Application ... 118 [1973] OJ C104, as cited by S Hardey, Understanding TUPE—A Legal Guide (Chandos 2001) 12.
Tupe Explained: A Legal Guide to the New 2003 Regulations
This includes requesting presentations from the bidding companies , negotiating for job security for an extended period , fully understanding TUPE , making strategic use of publicity , and carefully policing all the agreements once the ...
Tailored to meet the needs of business students, this book allows readers to navigate the core legal provisions in employment law and get to grips with crucial issues.