24 July 2002
New guidance for workers facing a transfer
Increasing numbers of company take-overs and mergers, together with government policies such as the Private Finance Initiative and Best Value in the public sector, 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.
Transfers - an LRD guide to the TUPE regulations explains the UK law in straightforward terms, as well as the European directive the regulations stem from. It sets out the situations when TUPE applies, describes the rights of representatives to be consulted, and rights to maintain collective and recognition agreements. It also looks at what rights transfer to the new employer, and how to ensure that existing terms and conditions are maintained.
Transfers, the latest in the popular LRD booklets series, uses many examples from recent case law to help to clarify when TUPE can and cannot be applied, and what rights are protected. It also provides checklists to help union representatives get the best deal for members when negotiating over transfers.
Notes to editors
1. Transfers - an LRD guide to the TUPE regulations is published by the Labour Research Department, 78 Blackfriars Road, London SE1 8HF, price ?3.50 or ?10 for employers or commercial organisations. LRD booklets are also available on subscription at an annual cost of ?28.50 (?72.75 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 1,800 trade union organisations, including 55 including 55 national unions, representing 99% of total TUC membership, are affiliated.
3. For press enquiries on this booklet contact Sonia McKay 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.