The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The UK's transfer of undertakings legislation has historically been one of the most complex, unpredictable, and commercially significant aspects of the UK's employment law regime. It has far-reaching financial, HR, and practical significance for private and public sector transitions in areas such as outsourcing, contract tenders, and asset disposals. TUPE 2005 will deliver a major restatement of the UK's 1981 transfer of undertakings legislation, and will introduce the following which employment law practitioners, contract managers and administrators will need to master; DT A new Acquired Rights Directive DT A new concept of service provision change DT Wider protection for employees dismissed because of transfer DT Three new categories of dismissal This Guide will cover all of these new provisions and their impact on related legislation, whilst also placing the new regulations in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require. This Guide includes the full text of the legislation and will also have a section of useful precedents.

1. Introduction The Purpose of the Transfer Legislation Share-based Transactions An Overview of the New Legislation Public Sector Issues 2. Identifying a Relevant Transfer The Two Statutory Definitions A Transfer of an Undertaking Labour-intensive Activities Miscellaneous 3. Service Provision Changes Introduction Definition Organised Grouping of Employees Principal Purpose One-off Service Contracts Supply of Goods Innovative Bids Professional Business Services Issues of Interpretation Conclusions 4. Who Transfers? Who Transfers? Electing not to Transfer 5. Transfer of Individual and Collective Obligations Transfer of Individual Rights Collective Agreements Trade Union Recognition Other Representative Structures 6. Variations to Employees' Contracts Case Law Background Changed Permitted by TUPE 2006 7. Transfer-related Dismissals Introduction Automatic Unfair Dismissal Connection with the Transfer Economic, Technical or Organisational Reasons Entailing Changes in the Workforce Liability and Fairness Generally 8. Provision of Employee Information Introduction Employees Information Delivery and Updating Instalments Indirect Provision Timing Remedy Due Diligence Exercises Contracting Out 9. Collective Information and Consultation Overview Affected Employees Information Consultation Representation of Employees Remedies for Breach Interaction with Consultation Requirements Planning for Compliance 10. Insolvency Situations Introduction Bankruptcy and Analogous Insolvency Proceedings Transferor's Debts Contract Variations Misuse of Insolvency Proceedings Hiving Down 11. Pensions Overview The Pensions Exclusion Beckmann and Martin TUPE 2006 Pension Provisions PA 2004 and PPR 2005 12. Miscellaneous Contracting Out Territoriality Drafting and Commercial Points Assertion of Statutory Rights APPENDICES Appendix 1: Transfer of Undertakings (Protection of Employment) Regulations 2006 Appendix 2: Pensions Act 2004, ss 257 and 258 Appendix 3:Transfer of Employment (Pension Protection) Regulations 2005

Charles Wynn-Evans , Partner and Head of Employment at the London office of Dechert LLP