Download or read book A Practical Guide to TUPE and Employee Transfers Core Legal Principles Tricky Issues and How It Really Works in Practice written by Dominic Holmes and published by Law Brief Publishing. This book was released on 2023-03-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) can have a significant impact on the broader commercial aspects of a corporate transaction, outsourcing or re-tendering process. If it applies, it will usually result in the automatic transfer of employees (and liabilities associated with them) from one employer to another. It provides protection from dismissal and restricts the new employer's ability to change employment terms. It imposes strict requirements to share employee information and a duty to inform and consult with representatives of affected employees. Written in straightforward, user-friendly language, this book demystifies the core legal principles which underpin TUPE and explains how they are applied in practice. It offers clear guidance to employers and their advisers on how best to achieve their business objectives, even where these may be inconsistent with how TUPE works. Dominic explains complex issues such as when TUPE applies to sub-contractor relationships and insolvency scenarios; its impact on pension rights, restrictive covenants and share incentives; and how to manage cross-border transfers or multi-jurisdictional projects. He deals with the emerging UK and European case law on fragmentation (and the extent to which an individual's employment may transfer to two or more new employers). There is also comprehensive guidance on how the potential impact of TUPE applying (or not applying) can be managed effectively. Dominic looks at a wide range of commercial provisions that may be negotiated by the parties to deal with TUPE and employment-related liabilities. He explores how a TUPE scenario might be approached differently by each of the parties involved, whether they are seeking to inherit, transfer out, retain or dismiss employees - or where they are a third-party customer seeking to manage the potential transfer or otherwise of employees from one service provider to another. This is an essential companion for employment law practitioners, in-house lawyers, procurement specialists and HR professionals who want to enhance their understanding of how TUPE operates in the real world. ABOUT THE AUTHOR Dominic Holmes is a Partner at Mishcon de Reya. He is known for his straightforward, commercial approach to complex employment law issues and has over 17 years' experience in advising employers on the legal and practical implications of TUPE across a range of sectors, both within the UK and in the context of multi-jurisdictional projects. He has supported businesses on TUPE issues in matters as varied as global outsourcing exercises, intra-group transfers of undertakings, the sale of businesses out of insolvency and TUPE-related litigation. CONTENTS 1. TUPE: Introduction and Overview Part A: Does TUPE Apply? 2. Transfer of an Economic Entity 3. Service Provision Changes 4. Public Sector Transfers 5. Sub-Contractors Part B: Basic Protections 6. Automatic Transfer of Employees 7. Automatic Transfer of Rights and Liabilities 8. Terminating Employment 9. Changing Terms of Employment Part C: Tricky Issues 10. Fragmentation 11. Trade Unions and Collective Agreements 12. Pensions 13. Insolvency 14. Bonuses, Incentives and Benefits 15. Restrictive Covenants Part D: TUPE Processes 16. Employee Liability Information 17. Information and Consultation Obligations Part E: TUPE in Practice 18. Negotiating Commercial Agreements 19. International Transfers 20. Managing a TUPE Project 21. Outsourcing: Commercial Checklists Postscript: TUPE Post-Brexit: What Next?

Download or read book Transfer of Undertakings written by Incomes Data Services and published by Sweet & Maxwell. This book was released on 2011-03 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: "When a business is sold by one employer to another, or the responsibility for providing a service transfers from one employer to another, what happens to the dedicated workforce? Do the employees concerned have the right to work for the new employer? And if so, do they retain the contractual and other employment rights that they enjoyed prior to the transfer, or is the new employer entitled to vary their contracts in order to harmonise their terms and conditions with those of any existing employees? These are the main issues with which the Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (TUPE) - the focus of this Handbook - are concerned."--Back cover.

Download or read book Upex and Ryley on TUPE written by Michael Ryley and published by Jordan Publishing (GB). This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text 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 issues such as when the regulations apply, the effects of a transfer, and dismissals and issues arising in connection with a transfer.

Download or read book TUPE written by Wyn Derbyshire and published by Spiramus Press Ltd. This book was released on 2012 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 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. Since the second edition of this book was published, the UK's courts have continued to see clarification of the position of TUPE in relation to insolvency. Further, there have been clarifications of what is meant by "service provision change." To that end, this third edition encapsulates these changes and many others caused by the latest UK case law developments. The book provides a guide to the TUPE Regulations 2006, contextualizing the existing TUPE protections. More readily, it considers the practical issues - consultation, pensions, what transfers and what does not, as well as how the vexed issue of fragmentation hinders clarity. This established text also examines the impact of EU law on this area. Consequently, it remains an invaluable reference work for practitioners, human resource managers, policy makers, academics, and students.

Download or read book TUPE written by Stephen Hardy and published by Spiramus Press Ltd. This book was released on 2014-02-10 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book TUPE written by Wyn Derbyshire and published by Spiramus Press. This book was released on 2009 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Transfer of Undertakings written by Incomes Data Services and published by . This book was released on 2007 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employment Law and Business Transfers written by Fraser Younson and published by . This book was released on 1989 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Law of TUPE Transfers written by Charles Wynn-Evans and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Transfer of Undertakings written by and published by . This book was released on 2015-11 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This key employment law resource takes an in-depth look at the rules governing transfers of undertakings. Explaining the law in this complex area in a clear manner, the handbook discusses the mechanics of transfer, deals with the effect of a transfer on contracts of employment, covers the rules that apply to unfair dismissal in the context of a transfer, and much more.

Download or read book Employee Law A Practical Guide written by Haywood Rod and published by . This book was released on 1753 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Transfer of Undertakings written by and published by . This book was released on 2020 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Restraining Competition by Employees A Practical Guide to Restrictive Covenants Injunctions and Other Remedies written by PETER. LINSTEAD and published by . This book was released on 2020-10-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing a former employee from using his or her skills and knowledge to make a living, even if those skills have been taught by the former employer, is an unlawful restraint of trade. The law permits interference with the employee's freedom in this area only to the very limited extent necessary to protect an employer's legitimate interest. Nevertheless, the law will provide a remedy if the employee has committed or threatens to commit an unlawful act (usually a breach of contract or a breach of confidence). The purpose of this book is to explain, in a concise and understandable format, the ways in which the law provides a remedy in this situation. It is also a step-by-step guide to the relevant procedure. The intention is to focus on the most common issues that arise in these cases, the main forms of remedy and the most important recent cases rather than to provide an exhaustive catalogue of this area of law, which can be found in other publications. It is aimed at solicitors and barristers who seek a better understanding of this area and who may need to take a client's claim through the courts, but also at lay people. ABOUT THE AUTHOR Peter Linstead is a barrister specialising in Employment Law, with a commercial focus. He has over 20 years' experience of acting in High Court employment disputes. He is a member of Outer Temple Chambers and was formerly the Head of the Employment Group in another leading common law chambers in London. He is frequently instructed in High Court claims relating to the termination of employment, in particular interim injunction applications and claims for damages based on breach of fidelity and fiduciary duties. He also acts in claims relating to bonus schemes and long-term incentive schemes and has extensive experience in High Court claims for workplace stress and harassment. Peter is ranked as a "leading junior" in UK Employment Law by Legal 500 and acted in some of the most important recent cases concerning both disability discrimination and employment status in the 'gig economy'. He has appeared without a leader in the Court of Appeal on a range of matters including public sector equal pay and race discrimination. He writes and lectures extensively on Employment Law. He is the Editor of the Tolley's Employment Law Service section on 'Absence from Work'. He is an active member of the Education and Training Committee of the Employment Lawyers' Association. Peter also has an international practice focussing on the Courts of the DIFC in Dubai and he is instructed in a range of cases in that jurisdiction, including injunction applications. He has expertise in the DIFC's Court Rules and Employment Law and was recently instructed by the DIFC Authority to advise on aspects of the drafting of their primary legislation. He also advises in the Isle of Man jurisdiction.

Download or read book Employment Covenants and Confidential Information written by Kate Brearley and published by MICHIE. This book was released on 1999 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work focus on the conflicts of interest which arise between employer and employee when the employee seeks to compete with the employer. The book provides a comprehensive yet practical analysis of the law and good practice. This second edition includes detailed consideration of recent conflicting cases which have given rise to uncertainty in a number of areas and takes full account of the changes brought about by the Woolf reforms. It sets out the law, practice and appropriate strategy from both the employer's and employee's point of view. It gives guidance on how to prevent competitive conflicts arising and what to do when they occur, what activities an employee or ex-employee may undertake and what they may not, practical steps to avoid potential conflict when drawing up a contract and the remedies available for breach of contract.

Download or read book Employment Tribunals written by Isabel Manley and published by . This book was released on 2004 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This indispensable work provides employment lawyers and advisers with all the information they need to take a case before an Employment Tribunal successfully. Designed to be practical, the book takes a step-by-step approach to case management. Fully up-to-date, all the changes in procedure enacted in the Employment Act 2002 are incorporated along with the new regulations and the mandatory forms for Employment Tribunals. Useful tips and guidelines for best practice help the reader prepare for hearings and comply with deadlines. Practical features include flow charts, checklists, useful forms, precedents and a model case to help develop a fuller understanding of the process.

Download or read book Working Within the Law written by Frances Meenan and published by . This book was released on 1994-01-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employment Law written by Elizabeth Aylott and published by . This book was released on 2018 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a combination of practical tools, checklists, case studies and real-life examples, this book is a clear and practical guide to understanding and applying the law effectively at work in the UK. --