Download or read book An Analysis of the Transfer of Undertakings Protection of Employment Regulations 2006 written by John McMullen and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article analyses the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006, which revoke, entirely, the TUPE Regulations 1981. As well as comprising the UK Government's response to the amending Acquired Rights Directive 1998/50/EC, they purport to fulfil a four-fold aim of increasing the coverage of TUPE in outsourcing situations; clarifying the law on transfer connected dismissals and when employees may agree transfer related changes to employment conditions; providing for the supply by transferors of employee liability information; and relaxing the provisions of TUPE in insolvency situations to the extent permitted by the Acquired Rights Directive 2001/23/EC. It is to be argued that some of these aims are realised in the new Regulations, and others not. And certain areas worthy of new regulation are ignored. What is ultimately apparent however is that the new Regulations cannot be taken to be an 'employers' charter'. In some instances the new Regulations may breathe new life (and litigation) into the law.
Download or read book Unite Guide to the Transfer of Undertakings protection of Employment Regulations 2006 written by and published by . This book was released on 2014 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 A Brief Guide to the Transfer of Undertakings Protection of Employment Regulations 2006 written by and published by . This book was released on 2014 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Transfer of Undertakings Protection of Employment Regulations 2006 written by Great Britain and published by . This book was released on 2006-02-15 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enabling power: European Communities Act 1972, s. 2 (2) & Employment Relations Act 1999, s. 38. Issued: 15.02.2006. Made: 06.02.2006. Laid: 07.02.2006. Coming into force: 06.04.2006. Effect: 1993 c. 19; 1996 c. 18 & 21 other Acts amended; S.I. 1993/3160 (N.I. 15); 1994/2809 (N.I. 16); 1996/1919 (N.I. 16), 1921 (N.I. 18) amended & S.I. 1981/1794 revoked with savings, in accord. with arts 19-20 and schedule 2. Territorial extent & classification: E/W/S/NI. General. EC note: These Regs implement Council Directive 2001/23/EC on the approximation of the law relating to business transfers
Download or read book Transfer of Undertakings protection of Employment Regulations 2006 written by and published by . This book was released on 2013 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Transfer of Undertakings Protection of Employment Consequential Amendments Regulations 2006 written by Great Britain and published by . This book was released on 2006-09-14 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enabling power: European Communities Act 1972, s. 2 (2) & Employment Relations Act 1999, s. 38. Issued: 14.09.2006. Made: 06.09.2006. Laid: 08.09.2006. Coming into force: 01.10.2006. Effect: S.I. 2004/753, 1861, 3426 amended. Territorial extent & classification: E/W/S. General. EC note: These regs implement, in Great Britain, Council Directive 2001/23/EC on the approximation of the law relating to business transfers, they are made under section 2(2) of the European Communities Act 1972
Download or read book Transfer of Undertakings Protection of Employment Regulations 2006 and the Service Provision Change Protection of Employment Regulations Northern Ireland 2006 written by Northern Ireland. Labour Relations Agency and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New TUPE Regulations written by Robert Mecrate-Butcher and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely publication gives a detailed background to the new British TUPE regulations, the impact on business transfers, employees' contracts, pensions, and a host of other important changes and legislative updates. For many years those seeking to apply TUPE have had to deal with legal uncertainties: both in ascertaining whether TUPE applies in any given set of circumstances and its consequences. Much of this uncertainty has stemmed from conflicting approaches from the European Court of Justice (ECJ) on the Acquired Rights Directive and UK Courts and Tribunals on TUPE. In particular, in relation to the test for ascertaining whether TUPE will apply to second stage contracting out. The new TUPE Regulations have changed all this. Since April 2006 the new Transfer of Undertakings (Protection of Employment) Regulations 2006 have applied to all business transfers taking place. They now include long-term business relationships for contracted services and address many of the previous uncertainties.
Download or read book TUPE written by R. V. Upex and published by Jordans Pub. This book was released on 2006 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The status of employee rights on the transfer of an undertaking is an extremely complex area of UK employment law, fraught with uncertainty and subject to frequent review by the courts. TUPE: Law and Practice offers a definitive account of the legal framework of TUPE, together with a comprehensive look at the practical application of the law. TUPE: Law and Practice deals with such issues as when the regulations apply, the effects of a transfer, dismissals and issues arising in connection with a transfer, information and consultation requirements, and the effect on pension rights.
Download or read book Tottel s Managing Business Transfers written by Murray Fairclough and published by Bloomsbury Professional. This book was released on 2006 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A new and fully updated edition of this key guide to both the legal and the practical issues raised by business transfers, mergers, acquisitions and outsourcing. The Transfer of Undertakings (Protection of Employment) Regulations 2006 are implemented in April 2006. This title has been comprehensively updated in response to this key new legislation. The new coverage includes practical information on how the new regulations attempt to bring clarity to various unsettled areas of TUPE, updated and re-worked case studies, plus analysis of the Pensions Act 2004. "
Download or read book TUPE written by The Chartered Society of Physiotherapy and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: New TUPE regulations were laid before Parliament on 10 January 2014 and came into force on 31 January 2014. The new regulations, the Collective Redundancies and Transfer of Undertaking (Amendments) Regulations 2013 (CRATUPE) amend the 2006 TUPE regulations in England, Wales and Scotland and also change legislation around collective redundancies. These may be referred to in this paper as "TUPE regulations", "the 2013 regulations" or "CRATUPE". In broad terms, TUPE protects employees terms and conditions (except occupational pensions) when the business in which they work is transferred from one employer to another. Employment with the new employer is treated as continuous from the date of the employees start with the first employer. TUPE can apply to any size of organisation, from a large undertaking with thousands of employees to very small organisations. Indeed a TUPE transfer can apply to only one person. The regulations also apply equally to public or private sector undertaki ...
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 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 Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Law of TUPE Transfers written by Charles Wynn-Evans and published by OUP Oxford. This book was released on 2013-02-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a concise, practical treatment of the current transfer of undertakings legislation, The Law of TUPE Transfers is an invaluable guide to this complex area of the law. Written by a leading practitioner, the book is ideally suited to specialists, as well as those encountering TUPE for the first time.
