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Author : Simon Randall,Merrill April,Yvonne Gallagher
Publisher : Unknown
Page : 47 pages
File Size : 45,6 Mb
Release : 1997
Category : Business enterprises
ISBN : 095086059X
Author : Colin Bourn
Publisher : Routledge
Page : 190 pages
File Size : 48,8 Mb
Release : 2020-09-29
Category : Religion
ISBN : 9781000160307
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.
Author : Incomes Data Services
Publisher : Sweet & Maxwell
Page : 606 pages
File Size : 50,8 Mb
Release : 2011-03
Category : Business enterprises
ISBN : 9780414029835
"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.
Author : Dominic Holmes
Publisher : Law Brief Publishing
Page : 0 pages
File Size : 43,5 Mb
Release : 2023-03-20
Category : Law
ISBN : 1914608488
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?
Author : R. V. Upex,Michael Ryley
Publisher : Jordans Pub
Page : 415 pages
File Size : 42,6 Mb
Release : 2006
Category : Law
ISBN : 0853088624
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.
Author : Robert Mecrate-Butcher
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2007
Category : Consolidation and merger of corporations
ISBN : 185418489X
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.
Author : Stephen Hardy,Wyn Derbyshire
Publisher : Spiramus Press Ltd
Page : 186 pages
File Size : 44,7 Mb
Release : 2014-02-10
Category : Law
ISBN : 9781907444821
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.
Author : Amy Ludlow
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 54,9 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782255925
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.
Author : Susan Corby,Geoff White
Publisher : Routledge
Page : 260 pages
File Size : 54,7 Mb
Release : 2002-01-22
Category : Business & Economics
ISBN : 9781134687015
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.
Author : Anonim
Publisher : Workplace Law Group
Page : 103 pages
File Size : 45,6 Mb
Release : 2024-07-02
Category : Electronic
ISBN : 9781905766376
Author : Colin Fisher
Publisher : Routledge
Page : 308 pages
File Size : 43,7 Mb
Release : 2002-01-04
Category : Business & Economics
ISBN : 9781134683093
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
Author : Colin M. Fisher
Publisher : Psychology Press
Page : 332 pages
File Size : 47,8 Mb
Release : 1998
Category : Business & Economics
ISBN : 0415178746
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.
Author : Karin Gottschall,Bernhard Kittel,Kendra Briken,Jan-Ocko Heuer,Sylvia Hils,Sebastian Streb,Markus Tepe
Publisher : Springer
Page : 374 pages
File Size : 49,9 Mb
Release : 2015-10-29
Category : Political Science
ISBN : 9781137313119
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.
Author : Brian Napier
Publisher : Unknown
Page : 62 pages
File Size : 46,7 Mb
Release : 1993-01-01
Category : Contracting out
ISBN : 1873271212
Author : Great Britain: Parliament: House of Commons: Science and Technology Committee
Publisher : The Stationery Office
Page : 208 pages
File Size : 45,6 Mb
Release : 2011-07
Category : Law
ISBN : 0215560329
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.