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 – but the complicated and multifarious legislation that surrounds the issue can be both beneficial and problematic to employers negotiating the transfer of a company.

It was hoped that the new Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 would reduce the amount of TUPE litigation, but anecdotal evidence thus far suggests that as many new questions are being raised by TUPE 2006 as solved.

The TUPE Transfers 2007: rights and responsibilities special report, the latest downloadable publication from Workplace Law Group, is aimed at those who have to deal with TUPE issues on a regular basis, and so sets out what the new legislation is intended to do, what it actually does and how it may be managed.

The authors, Martin Brewer and Anna Youngs of Mills and 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. 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.

It also looks at the Economic, Technical or Organisational (ETO) defence and how this can be applied to avoid penalties enforced under the TUPE legislation, as well as discussing unfair dismissals and the scope of reasons encompassed by this, how TUPE can be applied in an insolvency situation, and the contentious issues of pensions, grievances and redundancy.

The TUPE Transfers 2007: rights and responsibilities special report is available to be downloaded immediately. The guide is only available as an electronic download for £89.00 + VAT. Members of the Workplace Law Network, BIFM, FMA and RICS can save 10% on the normal rate.

Notes to Editors

1. The Workplace Law Network is the fastest growing legal support service in the country. Some of the UK's biggest employers, including KPMG, Tesco, the BBC and Powergen turn to us for expert advice on the law of the workplace and how it affects them.

The Workplace Law Network provides legal support to over 50,000 employers and managers. They know the law does affect them, in all areas of their business. From personnel and employment issues to health and safety and premises management, it's vital to know where you stand.

2. Workplace Law Training, Second Floor Daedalus House, Station
Road, Cambridge CB1 2RE, 0870 777 8881, www.workplacelaw.net

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