Since the revised TUPE Regulations were introduced in April 2006 UK employers and their advisers have been grappling with their consequences for terms and conditions of employment, pensions provision and insolvencies. The TUPE regulations introduced a number of key reforms, including: - extending the scope of the TUPE regime to service provision changes (i.e. contracting-out); - clarification of the definition of a relevant transfer ; - determining key issues relating to transfer dismissals and changes to terms and conditions; clearer pensions obligations; - strengthened consultation rights; and - the widening of the application of TUPE where the transferor employer is insolvent.
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Stephen Hardy is a barrister and co-author of European Employment Laws and Money and Work (Spiramus). Wyn Derbyshire is a partner and Head of Pensions at SJ Berwin LLP. He is also the author of Six Tycoons and co-author of Money and Work.
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