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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.
How to make a booking for the TUPE course
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