TUPE law and practice

Just one day out of the office will give you the peace of mind that you are ready to deal with transfer situations and the confidence that you won't get caught out.

Programme1. Introduction

• Key elements of TUPE 2006
  
• History and developments
  2. When does TUPE apply?
  
  
• Identifying what a TUPE transfer is
  
• What is a service provision change?
  
• Contracting out, contracting in and second generationtransfers under TUPE 2006
  
• Contracting with Local Authorities
  
• Case study in off-shoring situation
  3. Who transfers?
  
  
• What if an employee spends only part of their time in the part of the business being transferred?
  
• Can a transferee prevent employees transferring e.g. by staff switching?
  
• Can a transferee refuse to take on employees?
  
• Scenario acquiring part of a business
  4. The effects of TUPE – what are the effects on:
  
  
• Terms and conditions of employment
  
• Restrictive covenants
  
• Profit shares, bonuses and share options
  
• Pensions
  
• Collective agreements
  
• Other liabilities
  5. Dismissals under TUPE – where is the employer protected?
  
  
• Unfair dismissal in TUPE situations
  
• Automatically unfair dismissal
  
• Changes or dismissals connected to the transfer
  
• Is there an economic, technical or organisational reason (ETO)?
  6. Changing the contract of employment
  
  
• Achieving change by consent?
  
• “ETO” reasons for change
  
• Are changes connected with a transfer?
  
• When are changes effective?
  
• What is a “material detriment” and why is it important?
  7. Duty to inform and consult
  
  
• When are these duties triggered?
  
• Who has what duty?
  
• Special circumstances defence
  
• How will data be protected during a transfer?
  
• Informing of “measures“
  
• Warranties and indemnities
  8. Employee liability information
  
  
• What information must be given?
  
• When?
  
• What is the penalty?
  9. New developments
  
  
• How tribunals have interpreted the new regulations – case law update
  
• Which areas are causing problems in practice
  Quotes from past delegates“ Excellent course - lots to learn”
  
  Javeed Hussain, HR and Training Officer,Town and Country Housing Group
  
  “ Very informative course and at a balanced pace”
  
  Anita Bhabuta, Surrey County Council