Applied Transfer of Undertakings: TUPE

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Course Overview

During this 2-day course, participants have the opportunity to review the law on transfers of undertakings and then apply it in a practical way.

The course identifies good HR practice in this area and assists delegates in developing a legally compliant strategy for dealing with transfers. A case study of an organisation undergoing a transfer of the undertaking is used to ensure that delegates understand the legal framework and the HR issues surrounding business transfers.

Audience

Personnel practitioners responsible for employment law issues within their organisation's policies and procedures, and those wishing to enhance their existing skills and knowledge. No prior knowledge of TUPE is required.Intermediate level course -some previous experience of the subject is assumed.

Skills Gained

By the end of this course you will be able to:

• advise on and apply the key legal principles covered by TUPE
• manage a business transfer effectively
• promote HR best practice.

Course Outline

What is a transfer of an undertaking?

• guidelines for determining whether there is a transfer of an undertaking
• when does TUPE apply?

Contracting in and contracting out

• first- and second-generation contracting
• recent case law

Managing business transfers

• who is covered by the Regulations?
• what transfers?

Implications for an individual's contract of employment

• changing terms and conditions
• harmonisation
• restrictive covenants

Collective issues

• consultation
• rights and responsibilities
• the duty to inform and consult

Avoiding unfair dismissal

• automatically unfair dismissal
• ETO dismissals

Practical considerations

• due diligence
• disclosure of information
• warranties

Managing the change process

• the communications process
• handling the press.

Applied Transfer of Undertakings: TUPE / CM11444