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McMullen: Business Transfers and Employee Rights
McMullen: Business Transfers and Employee Rights is the leading work on TUPE from the leading commentator.
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Product description
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 as well as domestic legislation, 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.
McMullen on Business Transfers and Employee Rights has been providing a comprehensive but concise and readable explanation of the law in this complex area for 30 years. The present, widely-admired, edition now comprises some 17 chapters, including one devoted to transfers of undertakings in the Republic of Ireland and another on transfers of undertakings in 34 international jurisdictions in addition to the UK.
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.
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
Introduction
-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
-Contracting out
-Transfers of undertakings in Ireland
-International (non-UK and Ireland)
-Reform, future developments and transnational transfers of undertakings
-Appendices A-Z
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