Transfer of Undertakings

Short course


£ 795 + VAT


  • Type

    Short course

  • Duration

    2 Days

TUPE is one of the most complex and difficult areas of employment law, which applies to nearly all business transfer situations. It throws up a host of knotty legal issues for any HR department to deal with; which if handled incorrectly, can lead to disputes and litigation - ultimately damaging reputations and branding. Recent case law has complicated the law further. Suitable for: Designed for HR professionals who need to be familiar with the complex law relating to business transfers and outsourcing, including recent case law and the 2006 regulations.

About this course

"Excellent - provided a clear picture of TUPE legislation, and best practice. Time was provided to give advice on specific cases I was dealing with" HR Manager - Simons Group Ltd

"Penny has a talent for explaining complex subjects into easy to understnad and interesting sessions" HR Manager - Thomson Local

Questions & Answers

Add your question

Our advisors and other users will be able to reply to you

Who would you like to address this question to?

Fill in your details to get a reply

We will only publish your name and question



  • Transfer of Undertakings
  • Employment Law
  • HR Practices

Teachers and trainers (1)

Penny  Macmillan

Penny Macmillan


Penny Macmillan MA Chartered FCIPD is a Solicitor and has for many years specialised in employment law, with particular experience of: TUPE, unfair dismissal, discrimination, whistleblowing and drafting employment contracts, policies, procedures and handbooks. She is former Head of the Legal Depart

Course programme

09:30 - Transfer of undertakings - legal review
· When do the regulations apply?
· Undertakings and service provision changes
· Time and effect of 'relevant transfer'
· Employed and assigned
· Who transfers?
· Which obligations are transferred?
· Refusal to transfer
· Dismissals in a transfer situation - when are they automatically unfair and who is liable?
· What is the 'eto' defence?
· Case study

11:00 - Transfer of undertakings - legal review continued

· Effect of transfer on particular terms
· Which terms have to be replicated and how?
· Changing terms and the eto
· Harmonisation of employees' terms following a transfer - is it easier under the new Regulations?
· Substantial changes to workplace conditions

12:30 - Lunch

13:30 - Case study and legal review
· Trade union recognition and collective agreements
· Informing and consulting representatives
· New rules strengthening duties to inform and consult
· New duty - notification of employee information
· Penalties for non-compliance

14:30 - The business process

· Contrasting ordinary business sale with contracting out
· Preparatory steps
· Due diligence in the process
· Identifying the pitfalls
· Assessing the commercial risk
· Drafting the agreement
· Operative provisions in the document
· Warranties and indemnities
· The invitation to tender
· Issues on first and subsequent generation outsourcing

15:30 - Difficult areas and issues in the public and private sectors

· Information and consultation
· Changing terms
· Equal pay
· Trade union recognition
· Pensions

16:30 - Close of training

Transfer of Undertakings

£ 795 + VAT