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Dominic Holmes authors new guide to TUPE and employee transfers

Posted on 12 April 2023

A new book out now explores the core principles of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (or “TUPE”) – and how it works in real-world commercial scenarios.

Dominic Holmes, Partner at Mishcon de Reya and employment law expert, has written "A Practical Guide to TUPE and Employee Transfers – Core Legal Principles, Tricky Issues and How It Really Works in Practice", published by Law Brief Publishing.

It aims to demystify some of the perceived complexities surrounding TUPE and explain how they can be approached with pragmatism and confidence.

If TUPE applies to a business sale, outsourcing or re-tendering process, it can result in the automatic transfer of employees (and associated liabilities) from one employer to another.

TUPE protects employees from dismissal and changes to terms and conditions (save in limited circumstances). It also requires employers to inform and consult with representatives of affected employees. It can be challenging to navigate in cases involving subcontractors, insolvency or potential transfers of employees in multiple jurisdictions or across international borders. Even in relatively straightforward transactions, tricky issues can arise in relation to pensions, benefits and incentives, collective agreements and restrictive covenants.

The book is designed to offer clear guidance to employers and their advisers on how best to achieve their business objectives, even where these may be inconsistent with how TUPE works. Dominic looks at how to negotiate commercial agreements in the context of TUPE and how to manage a successful TUPE project, from planning and due to diligence through to post-transfer integration. 

Dominic says: "This book is intended as a concise, accessible and user-friendly guide for anyone advising on TUPE issues or dealing with them in-house.

"By removing the jargon and seeking to approach difficult issues in a straightforward manner, I hope to help practitioners understand not just how the law works – but how to navigate it in practice."

The book is relevant for employment law practitioners, in-house lawyers, HR professionals and wider procurement or project management teams seeking to build their knowledge of how TUPE operates in the real world.

Read more, including a sample chapter, at Law Brief Publishing.

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