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Transfer of Undertakings

Our Price: £859.00 
Author(s): Lewis, Jeremy; Bowers, John, QC; Jeffreys, Simon; Napier, Brian; Younson, Fraser;
Classification(s): Company law; Employment & labour law;
ISBN-13: 9780752004761
ISBN-10: 075200476X
Publication Date: 25 Mar 1998
Imprint: FT Law & Tax
Availability: In Print
Free Stock: Temporarily out of stock.
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Publisher: Sweet & Maxwell Ltd
Publication Country: United Kingdom
Binding: Loose-leaf
Items: Contains Loose-leaf
Pages: 136

This is a full guide to the effects of the Transfer of Undertakings (Protection of Employment) Regulations and subsequent interpretation by the courts. The regulations are explained clearly, with advice on when they apply and to whom in all types of situations. The work includes a comprehensive range of precedents and pleadings, including tried and tested indemnity clauses, supported by guidance on drafting. Adding further value to the work is a selection of checklists to be used by both the buyer and the seller before, during, and after the transaction. Over 100 leading cases are assessed with commentary on their implications for transfers in both the public and private sectors. * Clarification of the legal principles of TUPE * Full commentary on the regulations * Advice on carrying out effective investigations of the seller's business * Guidance on negotiating successful purchases * Ways of limiting liabilities before, during and after the transfer * Includes key precedents and pleadings, plus drafting guidelines * Summarises over 100 cases with full interpretation of the key facts and the implications of each decision * Numerous checklists to ensure the correct legal issues are considered * Glossary of terms

Part 1 When does the TUPE apply?: the European concept of relevant transfer ;
Regulation 3 meaning of relevant transfer;
special legislative provision for transfer. Part 2 Legal principles - automatic transfer: who is covered?;
what is covered?;
legal principles and problems. Part 3 Legal principles - special protection against dismissal: legal principles. Part 4 Legal principles - information/consultation: the legislative scheme;
appropriate representatives;
accommodation and facilities for appropriate representatives;
affected employees;
the duty to inform;
the duty to consult;
tripartite transfers;
hiving down;
the special circumstances defence;
remedies;
checklist - the obligations of the transferer and transferee. Part 5 Legal principles - contracting-out: Reg 12 - general principles. Part 6 Long-range planning: weighing up share v asset sale;
preparing for the sale;
developing a strategy for informing and consulting employee representatives. Part 7 Commercial negotiations: information retrieval;
warranties/undertakings;
indemnities;
outsourcing. Part 8 Litigation/tribunal procedures: Hig Court;
industrial tribunals.

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