The Transfer Of Undertakings In The Public Sector

This title was first published in 2000: This volume discusses the impact of the transfer of undertakings regime upon the public sector, particularly focusing on the interaction between the protection of employee rights and the restructuring and modernization of public services. The crux of the book is the interaction of market-led policies in the public sector, such as compulsory competitive tendering, best value and the PFI, with the protection of employee rights on the transfer of imployment. It considers the evolving law on the scope of a relevant transfer under the European Acquired Rights Directive and the TUPE regulations, before reviewing the present stte of the law on dismissals, variation of terms, pensions and employee consultation in transfer-related situations. The book incorporates consideration of the text of the 1998 revision of the Acquired Rights Directive.

This new edition has been updated to take account of legislative and other developments including the Age Discrimination 2006 Regulations, the Corporate Manslaughter and Corporate Homicide Act 2007, the changes to dispute resolution procedures, and the impact of the Work and Families Act 2006.

Almost a fifth of all employees work in the public sector. Employees working in the civil service, NHS, local government, education, the police and fire services also represent a large and growing body of students taking degree courses at universities. Exploring this important and rapidly changing area, this book outlines the main developments in the public sector since 1979, including topical issues such as the rise of new public management, decentralisation and contracting out. Themes which currently affect public sector employees are examined, including: * decentralization * contracting out * fragmentation and the growth of individualism in the employment contract. This stimulating, up-to-date and intellectually rigorous text is thematic, rather than sector specific, and reflects the way this subject is taught in a range of courses. It will complement alternative texts in this area and will be a valuable resource for students of public policy, public sector management, human resource management, employee and industrial relations.

Voluntary Organizations and Public Sector Delivery examines how aspects of voluntary sector employment are affected by its engagement with the growing trend to the market-based outsourcing in the delivery of public services within industrialized countries. The volume draws together a team of well-recognized academic contributors from the UK, Canada, Australia and the United States to explore how the process of outsourcing is impacting the internal and external labor markets of voluntary organizations, and the implications for the policy objectives underlying the externalization of the delivery of public services to them. These themes of change in employment are covered in depth in the UK with dedicated chapters exploring, workforce patterns and skill needs, HR policies and practices, recruitment and selection, graduate recruitment, unionization, pay and conditions and psychological contracts in organizations. The book also contains a significant international comparative dimension with individual chapter analysis of employment issues in Australia, Canada and the United States, as well as an Anglo-German comparison.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) can have a significant impact on the broader commercial aspects of a corporate transaction, outsourcing or re-tendering process. If it applies, it will usually result in the automatic transfer of employees (and liabilities associated with them) from one employer to another. It provides protection from dismissal and restricts the new employer's ability to change employment terms. It imposes strict requirements to share employee information and a duty to inform and consult with representatives of affected employees. Written in straightforward, user-friendly language, this book demystifies the core legal principles which underpin TUPE and explains how they are applied in practice. It offers clear guidance to employers and their advisers on how best to achieve their business objectives, even where these may be inconsistent with how TUPE works. Dominic explains complex issues such as when TUPE applies to sub-contractor relationships and insolvency scenarios; its impact on pension rights, restrictive covenants and share incentives; and how to manage cross-border transfers or multi-jurisdictional projects. He deals with the emerging UK and European case law on fragmentation (and the extent to which an individual's employment may transfer to two or more new employers). There is also comprehensive guidance on how the potential impact of TUPE applying (or not applying) can be managed effectively. Dominic looks at a wide range of commercial provisions that may be negotiated by the parties to deal with TUPE and employment-related liabilities. He explores how a TUPE scenario might be approached differently by each of the parties involved, whether they are seeking to inherit, transfer out, retain or dismiss employees - or where they are a third-party customer seeking to manage the potential transfer or otherwise of employees from one service provider to another. This is an essential companion for employment law practitioners, in-house lawyers, procurement specialists and HR professionals who want to enhance their understanding of how TUPE operates in the real world. ABOUT THE AUTHOR Dominic Holmes is a Partner at Mishcon de Reya. He is known for his straightforward, commercial approach to complex employment law issues and has over 17 years' experience in advising employers on the legal and practical implications of TUPE across a range of sectors, both within the UK and in the context of multi-jurisdictional projects. He has supported businesses on TUPE issues in matters as varied as global outsourcing exercises, intra-group transfers of undertakings, the sale of businesses out of insolvency and TUPE-related litigation. CONTENTS 1. TUPE: Introduction and Overview Part A: Does TUPE Apply? 2. Transfer of an Economic Entity 3. Service Provision Changes 4. Public Sector Transfers 5. Sub-Contractors Part B: Basic Protections 6. Automatic Transfer of Employees 7. Automatic Transfer of Rights and Liabilities 8. Terminating Employment 9. Changing Terms of Employment Part C: Tricky Issues 10. Fragmentation 11. Trade Unions and Collective Agreements 12. Pensions 13. Insolvency 14. Bonuses, Incentives and Benefits 15. Restrictive Covenants Part D: TUPE Processes 16. Employee Liability Information 17. Information and Consultation Obligations Part E: TUPE in Practice 18. Negotiating Commercial Agreements 19. International Transfers 20. Managing a TUPE Project 21. Outsourcing: Commercial Checklists Postscript: TUPE Post-Brexit: What Next?

This wide-ranging text analyses the key developments and changes in the management of the major public services in Britain during the 1990s. Designed as a successor to the editors' highly successful Managing the New Public Services, the book places public management and, in particular, the 'Third Way' as adopted by New Labour, in its economic, political and historical context, including the impact of globalization and European integration. Extended case studies illustrate and highlight key stages in the transformation of management and the book concludes with an evaluation and critique of two decades of managerial reform and a discussion of the way forward in the new millennium.