The status of employee rights on the transfer of an undertaking is an extremely complex area of employment law, fraught with uncertainty and subject to frequent review by the courts. The TUPE Regulations, brought into force in April 2006, simplify this area of law and provide greater certainty for all parties to a transfer. Major changes introduced by the Regulations include:

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, dealing 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
• the effect on pension rights

Useful appendices include expertly drafted precedents, the full text of all relevant regulations, the European Directive, as well as the Cabinet Office Statement of Practice on Staff Transfers in the Public Sector.

TUPE: Law and Practice will be essential reading for all employment lawyers, human resource professionals and those involved in business transfers and sales.

• an expanded definition of service provision to cover any contracting out scenario
• a clarification of how dismissals and changes to terms and conditions of employment will be dealt with under TUPE
• an obligation to provide information regarding employees who will transfer in advance of the transfer

Robert Upex, Barrister; Professor of Law, University of Surrey
Michael Ryley, Partner, Pinsent Masons

• When does TUPE apply?
• The Effect of a Transfer of an Undertaking
• Dismissals and Issues Arising in Connection with the Transfer
• Information transfer and Employee Consultation 

Appendices

Legislation

• The Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246
• The Transfer of Employment (Pension Protection) Regulations 2005, SI 2005/649
• Pensions Act 2004 (C35), SS 257-258
• Council Directive 2001/23/EC 

Guidance Note, etc

• Explanatory Memorandum to TUPE 2006
• Final Regulatory Impact Assessment
• Transposition of Council Directive 2001/23/EC
• DTI Guide to the 2006 TUPE Regulations for Employees, Employers and Representatives
• TUPE 2006 - Redundancy and Insolvency Payments (DTI Note URN 06/1368)
• Redundancy Payments Office Guidance Letter
• Cabinet Office Statement of Practice - Staff Transfers in the Public Sector
• Code of Practice on Workforce Matters in Public Sector Service Contracts 

Precedents, etc195

• Checklist - Information and Consultation Requirements
• Employee Transfer Agreement
• Sale of Business - TUPE Warranties and Indemnities
• Letter Requesting Measures Information
• Letter to Employee Representatives
• Letter to Employee Re Consultation Process