11 May 2006
New guidance for workers being transferred from one employer to another
Increasing numbers of company takeovers and mergers, together with government policies such as the Private Finance Initiative and Best Value, mean that ever greater numbers of workers in the private and public sectors are experiencing a transfer of employer.
The Labour Research Department (LRD) has just published a guide to help workers and their representatives who are facing a transfer to a new employer. While the TUPE regulations provide some protection for transferred workers, it is a complex area of law, often subject to contradictory legal rulings.
TUPE - a guide to the business transfer regulations explains the existing UK law and the new regulations, which came into effect on 6 April, in straightforward terms. It sets out the situations in which TUPE applies, and describes the rights of representatives to be consulted and the rights to maintain collective and recognition agreements. It also looks at the rights that transfer to the new employer, and how to ensure that existing terms and conditions are maintained.
The new regulations cover "service provision changes" - an area that deals specifically with contracting-in and contracting-out or a change of contractor. This additional section of TUPE is also fully covered in the booklet.
TUPE is the latest in the popular LRD booklets series, using many examples from recent case law to help to clarify when TUPE can and cannot be applied and the rights that are protected. It also provides checklists to help union representatives get the best deal for members when negotiating over transfers.
Notes to editors
1. TUPE - a guide to the business transfer regulations is published by the Labour Research Department, 78 Blackfriars Road, London SE1 8HF, price ?4.25 or ?11.40 for employers or commercial organisations. LRD booklets are also available on subscription at an annual cost of ?34.45 (?79.65 for employers/ commercial organisations). LRD publishes 10-11 booklets each year.
2. The Labour Research Department is an independent trade union and labour movement organisation founded 90 years ago. Around 1,600 trade union organisations, including 55 national unions, representing 99% of total TUC membership, are affiliated.
3. For press enquiries on this booklet, contact Sally Buffard on 020 7902 9827. To order copies of the booklet, telephone 020 7928 3649.
4. Full information about all of LRD's services and publications is available on the LRD website at www.lrd.org.uk