Essential reading for all those responsible for TUPE transfers
The TUPE transfers 2007: rights and responsibilities special report is aimed at people who have to deal with TUPE issues on a regular basis, and sets out what the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 legislation is intended to do, what it actually does and how the process may be managed.
The authors, Martin Brewer and Anna Youngs of Mills & Reeve solicitors, maintain that TUPE is not something to be afraid of; it is a piece of legislation that has to be dealt with in as commercial a way as possible, so this publication assists the reader in understanding how to achieve that.
The report defines exactly what and who is transferred in a TUPE transfer (and what isn’t), what the roles and responsibilities are of the transferor and transferee, and how the whole process should be managed. Using case law examples, the report highlights what can and does go wrong, how TUPE relates to contractors and service providers, whether union membership transfers and is recognised, and other issues ancillary to protecting employees and employers during a business transfer or takeover.
The report looks at the Economic, Technical or Organisational (ETO) defence and how this can be applied to avoid penalties enforced under the TUPE legislation; it also discusses unfair dismissals and the scope of reasons encompassed by this; as well as how TUPE can be applied in an insolvency situation, and the contentious issues of pensions, grievances and redundancy.
A TUPE transfer is something that many businesses have to face at some point in the life cycle of their company – when they take over new ventures, or sell existing companies to others – and this report helps explain the complicated and varied legislation that can be both beneficial and problematic to employers negotiating the transfer of a company.
Key questions answered:
- Who and what transfers in a TUPE transfer?
- What is the ETO defence and how and when can it be used?
- What is the difference between a classic transfer and a service provision change?
- How does a TUPE transfer affect pensions?
- Who is responsible for the transferring employees?
About the authors
 | Martin Brewer is a Partner at Mills & Reeve, and an expert in all areas of contentious and non-contentious employment law. He is also an experienced advocate and has been involved in a large number of major PFI projects. He has a special interest in discrimination issues and TUPE. |
Anna Youngs is a solicitor who joined Mills & Reeve in 2003. She specialises in employment. Anna advises a wide range of private companies and public sector bodies, including a large number of health sector clients.
Both authors are advisors on the Workplace Law Network.
 | This is a downloadable publication |
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