Employment Law
Making Sense of TUPE
A one-day course
This course is aimed at demystifying the Transfer of Undertakings Regulations for HR professionals and senior managers. No previous knowledge of TUPE is needed and the course can be amended to include specific issues that relate to public sector procurement.
The course will be conducted through a series of PowerPoint sessions, discussions and small case studies drawn from the case law. Questions and debate will be encouraged throughout.
- Background to TUPE
- Transferring businesses before TUPE
- The European Dimension
- Outline of the effect of TUPE
- Identifying TUPE situations
- Transactions to which TUPE applies
- The test for a ‘relevant transfer’
- Identifying a ‘change of service provider’
- Who transfers under TUPE?
- ‘Assigned’ to the undertaking
- ‘Immediately before the transfer’
- The effect of dismissal prior to transfer
- Getting information from the transferor
- Employees who object to the transfer
- What gets transferred?
- Contractual terms – express and implied
- Collective arrangements
- Pension provisions
- Other liabilities
- Key issues in a TUPE transaction
- The two-tier workforce and local government contracts
- The due diligence process
- Liability and indemnity issues
- The giving of employee liability information
- Dismissals connected with a transfer
- Automatic unfairness
- Constructive dismissal in the context to TUPE
- ETO reasons ‘involving a change in the workforce’
- Changing terms and conditions post transfer
- The restriction on changing terms
- Changing terms and conditions under the 2006 Regulations
- Real-world solutions
- Collective issues
- The duty to inform representatives
- ‘Contemplating measures’
- The duty to consult
- Liability for not consulting
- Final questions