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The Law of TUPE Transfers, by Charles Wynn-Evans
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The UK's transfer of undertakings legislation has historically been one of the most complex, unpredictable, and commercially significant aspects of the employment law regime. It has far-reaching financial, human resource, and practical significance in the private and public sectors, in relation to a wide range of transactions such as outsourcing, contract tenders, and asset disposals. Notwithstanding the reforms made to the TUPE legislation in 2006, the area has
continued to develop, and the significant volume of case law since 2006 has explored the detailed operation of the legislation in relation to issues such as service provision changes, the operation of TUPE in insolvency situations and the treatment of pension rights on a TUPE transfer.
The successor to the best-selling Blackstone's Guide to the New Transfer of Undertakings Legislation, this new title expertly explains all aspects of TUPE law and practice, 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. Alongside a comprehensive analysis of the legislation and all subsequent amendments, the author looks in detail
at recent developments, as well as analysing the operation of the legislation in the specific contexts of pensions and insolvency.
- Sales Rank: #3935125 in eBooks
- Published on: 2013-02-14
- Released on: 2013-02-14
- Format: Kindle eBook
Review
Reviews of Blackstone's Guide to the New Transfer of Undertakings Legislation:
"Quite simply, it reads well. The discussion of the case law is of a particularly high standard ... this is an excellent work, of which the author should be proud, and which is easy to recommend to those dealing with the subject." --Professor Ian Smith, New Law Journal, 4 August 2006
"It is without doubt the best analysis of either the new TUPE regulations or the pre-existing law that the reviewer has read ... this timely and accessible work is worth appreciably more than it costs to buy." --Geoffrey Mead, Employment Law Journal, September 2006
About the Author
Charles Wynn-Evans is a partner at Dechert LLP and head of the employment group in its London office. He is also a fee-paid Employment Judge assigned to the Birmingham Region and a CEDR accredited mediator. He is a member of the Employment Law Committees of the City of London Law Society and the Law Society of England and Wales and a member of the Executive Committee of the Industrial Law Society.
Most helpful customer reviews
1 of 1 people found the following review helpful.
Indispensable for Employment Lawyers....
By Phillip Taylor MBE
[[VIDEOID:moTA9MJAG9SPVR]]A NEW TITLE ON TUPE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
A new title from the Oxford University Press, this useful book covers a number of issues that have merged in the wake of the TUPE regulations which came into force in 2006.
TUPE in case you can't remember, refers to Transfer of Undertakings (Protection of Employment).
As it came into force originally in 1982, TUPE has had a significant impact on employment law, with massive implications for employers and employees in both the private and public sectors.
Both employers and employees therefore need to be punctilious about its correct interpretation and aware of the possible pitfalls and certainly financial consequences that may result if it is misunderstood.
Although the 2006 TUPE sought to make the regulations clearer, many issues remain somewhat opaque, hence the usefulness of this book which examines and analyses the legislation and the many developments which have emerged since 2006 in case law.
It is interesting to note that the TUPE legislation from the outset was not without its critics, some of whom claimed that it restricted the ability of contractors to restructure their workforces, thus undermining efficiency. In a TUPE case of 1981, the TUPE legislation was referred to as `a Pandora's box of ambiguities.'
The European Commission, however, predictably took the view that `the Directive has proved to be an invaluable instrument for the protection of workers in the event of the reorganization of an undertaking by ensuring peaceful and consensual economic and technological restructuring....' And so forth.
In short, as Wynn-Evans explains, a central objective of TUPE is `as to protect employees from the consequences at common law of a disposal or other transfer by their employer of the business in which they work.'
Focusing primarily on the private sector and, in the author's words, `finalized in the shadow of potential TUPE reform,' the book elaborates on all aspects of TUPE, covering a range of issues, from the legal effects of a transfer to consultation requirements and claims arising from transfer related dismissals.
Much to the advantage of the practitioner, as well as the general reader, the text itself as well as the organisation of the book is clear, logical and accessible. Those doing further research will appreciate the detailed table of contents and the extensive index which certainly aids navigation. Also note the almost fifteen pages containing tables of cases, and legislation as well as a table of abbreviations and terms.
Anyone involved in employment law, lawyer or non-lawyer, should acquire this important book. The law is stated to be as at 21 December 2012.
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