3rd Edition
TUPE CLARIFIED AND EXPLAINED
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
For practitioners, academics and assorted policy makers, including politicians, this is an invaluable work of reference on a wide ranging and often controversial area of employment law, which of course impacts on HR practices.
In 1981 TUPE (Transfer of Undertakings [Protection of Employment]) sought to safeguard employees' rights following a change of ownership of a business in which they were employed. Before TUPE came into force in 1982, the position under the then existing common law was that, following a change of ownership of a business, all existing contracts were automatically terminated, with employees being made redundant as a result.
However, even though they effected profound changes in the business landscape, the 1982 Regulations revealed a number of imperfections and, in an attempt to clarify the resulting areas of confusion, new 2006 Regulations were put in place.
Whether the 2006 Regulations actually did clarify the former position remains debatable, which is why this new third edition of `TUPE Law and Practice' from Spiramus is so useful; its major objective being to clarify the 2006 Regulations and place them in their historical and social context, while maintaining the aim of keeping up with new developments.
The book examines key issues such as the terms relating to transfer dismissals and changes to terms and conditions, as well as pensions obligations under TUPE. Service provision changes are also discussed; outsourcing/contracting out and in, that is, as well as a discussion of `relevant transfer' (of an undertaking or business, or a part of such).
The new consultation rights are also covered, together with the broadening of their application in cases where the transferor is insolvent. Indeed, TUPE and insolvency is one of the core issues of the book, as well as Chapter 6, which analyses TUPE 2006 in detail and Appendix 2 - which presents the 2006 Regulations themselves. At the same time, relevant case law is cited and commented upon throughout.
The book is also an excellent research source, with useful tables of cases and legislation and a glossary of terms. Besides the extensive footnoting throughout, there are two appendices, a list of further references and another of websites.
For busy professionals involved in this field, this clearly written volume with its practical and instructive approach should be considered a must-have purchase. The law is stated as at March 2012.
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