TUPE: Law & Practice: A Guide to the TUPE Regulations (Fourth Edition)

EMPLOYERS’ INTERESTS versus EMPLOYEES’ RIGHTS: TUPE EXAMINED AND EXPLAINEDAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersPractitioners dealing with matters relating to TUPE will be pleased to know that the latest – now the fourth -- edition of ‘TUPE: Law and Practice’ has recently been released by Spiramus Publishing. Even if you don’t need reminding, TUPE refers to the ‘Transfer of Undertakings (Protection of Employment)’ legislation, the purpose of which is to safeguard employees’ rights where a change in ownership of a business has taken place.TUPE, by its very nature, has always been complex; now even more so, given the recent increase in TUPE-related cases. Definitely the time has come for another edition of this reliable, well established and now comprehensively updated guide, especially in the light of the new TUPE Amendment Regulations 2014, all of which are aimed at clarifying hitherto uncertain issues inherent in TUPE. Additionally, these regulations will benefit employees of small companies and businesses.As the expert authors, Wyn Derbyshire and Stephen Hardy, point out: ‘business transfers are usually aimed at business survival or, ideally, business success’. On the other hand, employees caught up in such transfers are inevitably concerned with the security of their jobs and the terms and conditions of their employment.Where a conflict arises between employers' interests and employees’ contractual rights, this guide is especially useful for clarifying and explaining the law relating to TUPE and identifying best practice in this area.The book covers the full spectrum of issues likely to arise in this rather volatile area of law, from employment rights, pensions and insolvency, to contracting out. New material includes, for example, Regulation 3 with respect to outsourcing and contracting out or in. Also clarified are ‘joint’ consultation rights and the application of TUPE in cases where the transferor is insolvent.While the aim of this book is obviously to keep you up to date, the authors note that the European Union has ‘announced its intention to examine whether another revised directive is required’ – something to watch out for in the distant, but not too distant future, no doubt.In the meantime, if you are a lawyer, not to mention a politician or policy maker this authoritative book will keep you current and well supplied with practical, plain English advice. Also note the handy list of further references and websites.The publication date is stated as at 31 January 2014.

As an employee voted in as the TUPE representative, I found this book exceptionally helpful.

gave me a good understanding for the TUPE process the company is going through

Excellent and authoritative work on TUPE. Particularly useful on the 2013 Amendments to the Regulations. Comprehensive work on the subject.