TUPE: Law & Practice

Overview

A cascade of TUPE cases, notably and centrally upon the service provision change, and the subsequent enactment of the Collective Redundancies and the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 by the UK Government, have made necessary this fourth edition of TUPE: Law & Practice.

The new 2014 Amendment Regulations, in force from 31 January 2014, are intended to clarify the issues raised by recent cases and also to reduce the burdens on employers of small enterprises.

This guide provides analysis of the new 2014 TUPE Amendment Regulations including:

• 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 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.

Author Biography

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).

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.