Understanding
TUPE ¡VAn
Essential Legal Guide for Business Managers Dr Stephen Hardy
Readership
Designed to benefit HR managers/directors,
managers concerned with ¡§best
value¡¨,
contracting and outsourcing managers, operations
and commercial services managers, company
solicitors and legal advisors.
Summary
The legal position surrounding business transfers
in the UK and elsewhere in the EU is a web of
complexity, resulting in uncertainty and
confusion. This book provides a much needed,
detailed, practical analysis of the law
concerning business transfers, as it affects the
relationship between employees and employers in
the UK and the EU.
The book addresses the legal framework, up-to-date
case law,current salient HR issues on transfers
and surveys the impact of this law on
outsourcing, contracting and ¡§best
value¡¨. This
book will help busy managers make sense of
complex law in a rapidly changing field of case
law and legislation.
Contents THE ORIGINS OF BUSINESS
TRANSFERS ¡V Our starting point: the
case of Mrs Dines; The importance of business
transfers; An historical context to transfers:
social Europe versus UK policy; The pervasive
nature of community law; Business transfers and
the ¡¥Social
Europe¡¦ debate;
What are ¡¥business
transfers¡¦? ¡V the central terms; ¡¥Shares¡¦ versus ¡¥Assets¡¦ business
transfers; The origins of the ARD; Why 1977?; The
ARD's UK parliamentary transposition into TUPE;
Summary; Refresher notes THE LEGAL FRAMEWORK ¡V Acquiring
rights ¡V the
original directive; The UK's pre-existing law
before TUPE 1981; TUPE regulations 1981: EU-UK
legal conflict ¡V the legislative
anomalies; EU infraction proceedings and TUBERA's
amendments 1993; The ECJ's case law; Some UK
decisions on TUPE; Revising the ARD; Summary:
Refresher notes
HR ISSUES ON BUSINESS
TRANSFERS ¡V The
transfer process; Exchanging information and due
diligence; Examining employment terms;
Negotiating business transfers; Warranties and
indemnities; Contract for sale of the business;
Harmonisation of terms of employment?; Summary;
Refresher notes
CONTRACTING OUT AND
BUSINESS TRANSFERS ¡V What is
contracting-out?; Contracting-out and TUPE;
Ordinary business transfers versus contracting-out
transfers; Practical issues on TUPE with
contracting-out; Contracting-out, TUPE and the
law; The ¡¥ETO¡¦defences
and contracting-out; The future of contracting-out
and TUPE; Summary; Refresher notes
CONSULTATION AND
INFORMATION ISSUES ¡V Key TUPE
provisions on collective issues; Consultation and
information; Challenges to collective rights;
Practical issues post¡V1999 regulations; Francovich
claims; Summary; Refresher notes
RECENT DEVELOPMENTS AND
SOME BUSINESS SOLUTIONS ¡V
Recent case law developments; Some
business solutions; Summary; Refresher notes
THE FUTURE OF BUSINESS
TRANSFERS ¡V The
Amended Directive 1998; A lost opportunity!; The
future of contracting-out and TUPE; The draft
revised TUPE regulations 2001; The legality of
the revised TUPE regulations; Summary; Refresher
notes
CONCLUSIONS AND FUTURE
STRATEGIES ¡V Conclusions;
Employers' strategies; Trade Union¡¦ strategies;
Inividual employees' strategies; UK Government's
strategy; Developing a modern legal business
strategy for transfers; TUPE in a nutshell;
Postscript
