Why should you buy McMullen: Business Transfers and Employee Rights
Recent years have seen dramatic developments in the law of business transfers, in the Supreme Court, the Court of Appeal, the Employment Appeal Tribunal and in the European Court, all of which have fundamentally altered the law particularly as it relates to service provision change, transfer of the employment relationship, dismissal liability, collective agreements permitted variations of employment contracts, insolvency issues and information and consultation. The present, widely admired edition of this book in looseleaf format reflects these changes whilst maintaining a concise, readable approach.
This is the leading work on TUPE from the leading commentator. The looseleaf edition maintains its acclaimed approach of providing practical guidance from the viewpoint of employers, employees, vendors and purchasers, trade unions, and both corporate and litigation lawyers. The work is practical yet authoritative, and cited in UK court and tribunal decisions.
It also contains international material covering the law in 34 countries in addition to the UK, and a completely rewritten chapter on dismissals because of a relevant transfer.
The service includes checklists and guidelines on warranties and indemnities together with a comprehensive collection of statutory materials, consultation papers, Codes of Practice and lists of current cases before the ECJ, decided ECJ cases and tables of current compensation levels.
One looseleaf volume and three service issues per year ensure the validity and currency of the information.
Table of contents
-Take-overs by acquisition of share capital
-Miscellaneous cases where continuity of employment is protected by ERA 1996
-Business transfers and continuity of employment under the ERA 1996
-A history of ARD 77/187, TUPE Regs 1981, ARD 98/50, ARD 2001/23 and a synopsis of TUPE Regs 2006
-The definition of a transfer and when a transfer occurs
-TUPE: Who transfers? Identifying the human stock of the undertaking at the transfer point
-TUPE and reg 5: the automatic transfer of employment obligations and the effect of TUPE on the individual employment relationship
-Regulation 7 and dismissals of an employee because of a relevant transfer; Legal controls on an employer’s right to agree changes in terms and conditions
-The application of TUPE where the transferor is subject to insolvency proceedings
-Transfers of undertakings and collective employment law
-The transferor’s duty to notify employee liability information to a transfer; Fair dealing and employee disclosure: promises and reassurances: contracts, estoppels and representations
-Transfers of undertakings in Ireland
-International (non-UK and Ireland)
-Reform, future developments and transnational transfers of undertakings