The transfer of undertakings in the public sector

Abstract:

The aim of this book is to provide an assessment of the way in which the Acquired Rights Directive has functioned in Britain, and in particular how it has had impact upon the public sector focussing on the interaction between the protection of employee rights and the restructuring and modernisation of public services. The crux of the book is the interaction of market-led policies in the public sector, such as compulsory competitive tendering, best value and the PFI, with the protection of employee rights on the transfer of employment. It considers the evolving law on the scope of a relevant transfer under the European Acquired Rights Directive and the TUPE regulations, before reviewing the present state of the law on dismissals, variation of terms, pensions and employee consultation in transfers related situations. The book incorporates consideration of the text of the 1998 revision of the Acquired Rights Directive.

This is the second volume in the Employment and European Union Law Series, a series based upon research undertaken by staff members in the International Centre for Management, Law and Industrial Relations at the University of Leicester and it draws together contributions written from a legal and human resource perspective. It would be of value to those attempting to understand the implications of the Acquired Rights Directive and the likely impact of the amending Directive 98/50/EC agreed at the Cardiff Council in June 1998.

The authors are all either specialists in employment law or have direct responsibility for transfers related matters. Colin Bourn is a Director of the International Centre for Management, Law and Industrial Relations in the Faculty of Law and also practices as a barrister, specialising in employment issues.

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