Download or read book The Transfer of Undertakings Protection of Employment Regulations and the Public Sector written by Simon Randall and published by . This book was released on 1997 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Transfer of Undertakings in the Public Sector written by Colin Bourn and published by Routledge. This book was released on 2020-09-29 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: This volume discusses the impact of the transfer of undertakings regime upon the public sector, particularly focusing on the interaction between the protection of employee rights and the restructuring and modernization of public services. The crux of the book is the interaction of market-led policies in the public sector, such as compulsory competitive tendering, best value and the PFI, with the protection of employee rights on the transfer of imployment. It considers the evolving law on the scope of a relevant transfer under the European Acquired Rights Directive and the TUPE regulations, before reviewing the present stte of the law on dismissals, variation of terms, pensions and employee consultation in transfer-related situations. The book incorporates consideration of the text of the 1998 revision of the Acquired Rights Directive.
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 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 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 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 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 The Law of TUPE Transfers written by Charles Wynn-Evans and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UK's transfer of undertakings legislation - TUPE - is of immense practical, commercial, and financial significance to employers and employees in both the public and private sectors, yet it is also one of the most notoriously complex and unpredictable areas of employment law. It is an area which has seen regular and significant developments not just in the case law but also as a result of the amendments intorduced by the 2014 The Collective Redundancies and Transfer of Undertakings (Protection of Employment) Regulations which significantly changed a number of aspects of the legislation. This new edition of The Law of TUPE Transfers gives a concise yet comprehensive examination of all aspects of TUPE, covering issues such as when the regulations apply, the legal effects of a transfer, the information and consultation requirements of the legislation, and claims arising from transfer related dismissals, as well as examining the impact of the various amendments made by the 2014 amendment regulation.
Download or read book Privatising Public Prisons written by Amy Ludlow and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successive UK governments have pursued ambitious programmes of private sector competition in public services that they promise will deliver cheaper, higher quality services, but not at the expense of public sector workers. The public procurement rules (most significantly Directive 2004/18/EC) often provide the legal framework within which the Government must deliver on its promises. This book goes behind the operation of these rules and explores their interaction with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); regulations that were intended to offer workers protection when their employer is restructuring his business. The practical effectiveness of both sources of regulation is critiqued from a social protection perspective by reference to empirical findings from a case study of the competitive tendering exercise for management of HMP Birmingham that was held by the National Offender Management Service (NOMS) between 2009 and 2011. Overall, the book challenges the Government's portrayal of competition policies as self-evident sources of improvement for public services. It highlights the damage that can be caused by competitive processes to social capital and the organisational, cultural and employment strengths of public services. Its main conclusions are that prison privatisation processes are driven by procedure rather than aims and outcomes and that the complexity of the public procurement rules, coupled with inadequate commissioning expertise and organisational planning, can result in the production of contracts that lack aspiration and are insufficiently focused upon improvement or social sustainability. In sum, the book casts doubt upon the desirability and suitability of using competition as a policy mechanism to improve public services.
Download or read book Employee Relations in the Public Services written by Susan Corby and published by Routledge. This book was released on 2002-01-22 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost a fifth of all employees work in the public sector. Employees working in the civil service, NHS, local government, education, the police and fire services also represent a large and growing body of students taking degree courses at universities. Exploring this important and rapidly changing area, this book outlines the main developments in the public sector since 1979, including topical issues such as the rise of new public management, decentralisation and contracting out. Themes which currently affect public sector employees are examined, including: * decentralization * contracting out * fragmentation and the growth of individualism in the employment contract. This stimulating, up-to-date and intellectually rigorous text is thematic, rather than sector specific, and reflects the way this subject is taught in a range of courses. It will complement alternative texts in this area and will be a valuable resource for students of public policy, public sector management, human resource management, employee and industrial relations.
Download or read book Resource Allocation in the Public Sector written by Colin Fisher and published by Routledge. This book was released on 2002-01-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the public sector at the moment resources are scarce - or at the very least finite and limited - how they are allocated is therefore of crucial importance. This book analyses this process and examines the competing values that underlie the public service ethic, including the role of markets and quasi-markets, in the delivery of public services. Topics discussed include: * whether people should be denied the public services they need because public bodies are short of money * what balance we should strike between markets and public organisations to provide public services * whether the use of markets has gone too far and whether we need to return to a public service ethic
Download or read book Resource Allocation in the Public Sector written by Colin M. Fisher and published by Psychology Press. This book was released on 1998 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: What determines the allocation of resources in the public sector? This book examines the competing values that underlie the public service ethic including the role of markets and quasi-markets.
Download or read book TUPE transfers 2007 rights and responsibilities special report written by and published by Workplace Law Group. This book was released on with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Sector Employment Regimes written by Karin Gottschall and published by Springer. This book was released on 2015-10-29 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which a transformation of public employment regimes has taken place in four Western countries, and the factors influencing the pathways of reform. It demonstrates how public employment regimes have unravelled in different domains of public service, contesting the idea that the state remains a 'model' employer.
Download or read book The Forensic Science Service written by Great Britain: Parliament: House of Commons: Science and Technology Committee and published by The Stationery Office. This book was released on 2011-07 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Science and Technology Committee is not confident that an orderly transition can be achieved by the extremely challenging deadline for closure of the Forensic Science Service of March 2012. Extending the deadline by at least six months would allow the government to consult on and determine a wider strategy for forensic science. In making its decision to close the FSS, the government failed to give enough consideration to the impact on forensic science research and development, the capacity of private providers to absorb the FSS's 60% market share and the wider implications for the criminal justice system. These considerations appear to have been hastily overlooked in favour of the financial bottom line. The report also draws attention to the historical inadequacies in government decision-making that brought the FSS to its current financial situation. The FSS's dire financial position appears to have arisen from a complex combination of factors, principally the shrinking forensics market, driven by increasing police in-sourcing of forensic science services, and a forensic procurement framework that has driven down prices and does not adequately recognise the value of complex forensic services. In the transition to closure, transferring work from the FSS to a non-accredited police or private laboratory would be highly undesirable, posing significant and unacceptable risks to criminal justice. Proposals should be brought forward immediately to provide the Forensic Science Regulator with statutory powers to enforce compliance with quality standards.
Download or read book The Modernisation of the Public Services and Employee Relations written by Stephen Bach and published by Bloomsbury Publishing. This book was released on 2011-09-29 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Modernisation of the Public Services and Employee Relations provides an integrated and up-to-date account of changes in work and employment in the public services. The book examines a range of different sectors focusing on core public services, especially local government, the NHS and the civil service.
Download or read book Public Service Employment Relations in Europe written by Stephen Bach and published by Routledge. This book was released on 2005-08-16 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an up-to-date analysis of the restructuring of public service employment relations in six European countries: Germany, France, Italy, Spain, Denmark and the UK. Each of the chapters on national systems is organized around a set of themes and policy issues including: * the impact of fiscal crises, and increasing macro-economic integration within the European Union, on the scope and organization of public services * changes in the patterns and status of public service employment * the shift from centralized administration to new models of devolved management * changes in the organization and policies of public service trade unions * reforms in the structure, process and outcome of collective bargaining * patterns of conflict and cooperation between unions, managers and the state. Written and edited by some of the country's primary authorities on public sector industrial relations, this outstanding book on this high profile field is sure to be a valuable resource for those studying this important topic.
