TUPE: Transfer of Undertakings

Course Code: TUPE      Days: 1
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21/11/08 London (Central) £ 545
04/12/08 London (Central) £ 545
26/01/09 London (Central) £ 545
06/03/09 London (Central) £ 545
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Course Overview

This 1-day course reviews the law governing business transfers, the HR context to TUPE, as well as its significance to contracting-out. The course helps to provide clarification and guidance on this complex area of the law following the long-awaited 2006 Regulations.

Audience

Personnel managers and line managers responsible for employment law issues within their organisation. No prior knowledge of the law relating to TUPE is required.General course level - appropriate for all levels of delegates.

Skills Gained

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

  • advise on and apply the key legal principles surrounding TUPE
  • demonstrate and promote HR best practice.

Course Outline

When does TUPE apply?

  • the law and proposed changes to TUPE legislation
  • distinguishing between share acquisition and business transfers
  • relevant factors to be taken into account
  • recent cases

Who transfers?

  • who is covered by TUPE
  • individuals employed by third parties
  • the right to object to a transfer
  • practical considerations
  • new rules for occupational benefits

What is transferred?

  • rights and liabilities which transfer
  • liabilities that do not transfer
  • profit share, pensions and other benefits
  • restrictive covenants

The duty to inform and consult appropriate representatives

  • key TUPE provisions on collective rights
  • information to be provided
  • timing and practical considerations
  • identifying 'measures' which are envisaged
  • employee representatives
  • what does consultation involve?
  • the remedy for failure to inform and consult

Dismissals

  • legal implications
  • automatically unfair dismissal
  • relying on an ETO defence
  • practical considerations

Harmonising terms and conditions

  • legal implications and practical considerations

Outsourcing (change in service provision)

  • legal implications and practical considerations.

Managing the change process

  • communication process
  • handling the media.


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