This title was first published in 2000: 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.
Table of Contents
Biographical Notes on Authors -- Preface List of Tables -- 1. Introduction: the Scope of the Public Sector /Colin Bourn -- 2. The Aims of the Acquired Rights Directive and TUPE /Colin Bourn -- 3. What is a Relevant Transfer? /Colin Bourn -- 4. The History and Nature of Contracting-Out of Services in the Public Sector: An Overview /Karl Larrad -- 5. Disclosure of Workforce Information /Karl Larrad -- 6. Dismissal and the Acquired Rights Directive /Colin Bourn and Paul Thorpe -- 7. Preservation,Variation and Harmonisation of Terms and Conditions /Colin Bourn and Paul Thorpe -- 8. Pensions /Catherine Bailey -- 9. Information and Consultation /Pascale Lorber -- 10.The Amendment of the Acquired Rights Directive /Dr Stephen Hardy -- Select Bibliography.
Colin Bourn is a Director of the International Centre for Management, Law and Industrial Relations in the Faculty of Law in the University of Leicester and also practises as a barrister, specialising in employment issues. He has published many articles on employment matters and is the joint author of Anti-Discrimination Law in Britain, Sweet and Maxwell, 3rd edn., 1996.