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Course Overview The law in relation to TUPE is a rapidly changing area which affects most, if not all, businesses. Attending this course will help you avoid, or minimise, potential liability for unfair dismissal and redundancy payments, as well as claims for breach of contract and unlawful deductions. This course will explain the latest case law, the legal effects of a transfer, contracting-out, changing employees' terms and conditions of employment and the proposed changes to the TUPE regulations. 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. Audience - Personnel officers and managers
- HR officers and managers
- In-house lawyers who are responsible for company acquisitions
Course Outline Introduction - Key elements of TUPE
- History and developments
When does TUPE apply? - Identifying a TUPE transfer
- Contracting out and contracting in
- Contracting with Local Authorities
Who transfers? - Can a transferee prevent employees transferring e.g. by staff switching?
- Can a transferee refuse to take on employees?
- Can employees claim constructive dismissal?
- What is the situation if employees object?
- What if an employee spends only part of their time in the part of the business being transferred?
Duty to inform and consult - When are these duties triggered?
- Who has what duty?
- Special circumstances defence
- What information does the transferee have?
- What happens if information is not given?
- How will data be protected during a transfer?
- Joint and several liability - how it works
Case study - Acquisition of part of a business
- Problem areas and identification of risks
- Strategies to protect the parties
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
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)?
Changing the contract of employment - Achieving change by consent
- Achieving change without consent
- Some other substantial reason (SOSR)
- Identifying the business case
- Notice of change
- Breach of contract
- Deduction in wages claims
- New protection under the 2006 regulations
Case study - Contracting out - winning the contract
Employee liability information - What information must be given?
- When?
- What is the penalty?
New and future developments - implications of the new Regulations - Changes to terms and conditions of employment
- Resolution of the contracting/TUPE debate
- Assessment of the impact of the changes
- Questions and answers
Close of seminar
How to make a booking for the HR-TUPE course
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