Business Transfers and the TUPE Regulations

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Course Overview

The new Regulations include a wider definition of a TUPE transfer, specific provisions in relation to the contracting in or out of services, changes to the way in which TUPE works when insolvent businesses are sold and a requirement to disclose workforce information to the transferee.

This course aims at supplying a straightforward explanation of both the basic principles and the 2006 changes and provides an opportunity to refresh existing knowledge and to understand the new provisions.

Course Outline

WHEN DO THE REGULATIONS APPLY?

• Identifying business transfers
• Service provision changes (contracting in or out)
• Public sector employees/public administration
• Transfers from the public to the private sector
• Employees working outside the UK

WHAT HAPPENS ON A RELEVANT TRANSFER

• Determining which employees transfer
• Which rights and obligations pass and which do not
• Occupational pension scheme - public and private sector
• Transfer of recognition, collective and workforce agreements
• Employers' liability compulsory insurance
• Employees' right to object and its consequences

UNFAIR DISMISSALS AND POST TRANSFER VARIATION OF TERMS AND CONDITIONS

• Dismissal before and after the transfer
• The ETO defence
• What variations are permitted and in what cirumstances
• Who must agree to them

INSOLVENCY SITUATIONS

• Promoting the 'rescue culture'
• New provisions on sale of business

NOTIFICATION REQUIREMENTS

• Disclosure of employee information to transferee
• Complaints and penalties for failure to comply

INFORMING AND CONSULTING

• Who needs to be informed and consulted
• Election of employee representatives
• Penalties for failure - who pays

Business Transfers and the TUPE Regulations / CM9484