Course code: TUPE - call 0845 071 2801
Overview
Course duration: 1 day.
This course is delivered in partnership with JSB.
Covers all key issues relating to TUPE – the legal, business, strategic and people contexts.
Become familiar with the complex law relating to business transfers and outsourcing, including recent case law and the 2006 regulations.
Is it right for me?
Designed for HR, personnel and employee relations managers, employment law advisers and trade union officers.
What will I learn?
By the end of this course you will be able to:
- Understand and be able to apply key rules on business transfers
- Advise senior colleagues on the legal implications of proposed TUPE transfers
- Appreciate the legal issues in competitive tendering, outsourcing, insourcing, mergers disposals - and acquisitions
- Assess areas of risk
- Advise on the content of agreements
What will it cover?
Transfer of Undertakings – Legal Review
- When do the regulations apply?
- Undertakings and service provision changes
- Time and effect of ‘relevant transfer’
- Employed and assigned
- Who transfers?
- Which obligations are transferred?
- Refusal to transfer
- Dismissals in a transfer situation – when are they automatically unfair and who is liable?
- What is the “eto” defence?
- Case study
Transfer of Undertakings – Legal Review Continued
- Effect of transfer on particular terms
- Which terms have to be replicated and how?
- Changing terms and the eto
- Harmonisation of employees’ terms following a transfer – is it easier under the new Regulations?
- Substantial changes to workplace conditions
Case Study and Legal Review
- Trade union recognition and collective agreements
- Informing and consulting representatives
- New rules strengthening duties to inform and consult
- New duty – notification of employee information
- Penalties for non-compliance
The Business Process Contrasting ordinary business sale with contracting out
- Preparatory steps
- Due diligence in the process
- Identifying the pitfalls
- Assessing the commercial risk
- Drafting the agreement
- Operative provisions in the document
- Warranties and indemnities
- The invitation to tender
- Issues on first and subsequent generation outsourcing
Difficult areas and issues in the public and private sectors
- Information and consultation
- Changing terms
- Equal pay
- Trade union recognition
- Pensions