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Borderlines in Private Law

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The Transfer of Undertakings in the Public Sector

Edited by: Colin Bourn

ISBN13: 9781840147728
ISBN: 1840147725
Published: March 2000
Publisher: Routledge
Format: Hardback
Price: Out of print



This volume discusses the impact of the transfer of undertakings regime upon the public sector, particularly focusing on the interaction between the protection of employee rights and the restructuring and modernization 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 imployment. 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 stte of the law on dismissals, variation of terms, pensions and employee consultation in transfer-related situations. The book incorporates consideration of the text of the 1998 revision of the Acquired Rights Directive.

Subjects:
Employment Law
Contents:
Introduction - the scope of the public sector, Colin Bourn; the aims of the Acquired Rights Directive and TUPE, Colin Bourn; what is a relevant transfer, Colin Bourn; the history and nature of contracting-out of services in the public sector, Karl Larrad; the disclosure of workforce information, Karl Larrad; dismissals and the Acquired Rights Directive, Colin Bourn and Paul Thorpe; variation and harmonization of terms, Colin Bourn and Paul Thorpe; pensions and TUPE, Catherine Bailey; information and consultation, Pascale Lorber; the future of the transfers regime, Stephen Hardy.