New Tupe Regulations

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...
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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.