Course code: JSB-TUPE - call 0845 071 2801
Overview
Course duration: 1 day.
This course is delivered in partnership with JSB.
TUPE is one of the most complex and difficult areas of employment law, which applies to nearly all business transfer situations. It throws up a host of knotty legal issues for any HR department to deal with; which if handled incorrectly, can lead to disputes and litigation - ultimately damaging reputations and branding. Recent case law has complicated the law further.
This one-day Transfer for Undertakings (TUPE) training covers all key issues relating to TUPE – the legal, business, strategic and people contexts. You will hear the latest case law explained, the impact of the 2006 regulations and understand the issues surrounding changing employee terms, information and consultation and contracting-out. By attending this course you will also learn how to minimise, and avoid, potential liability for unfair dismissal and redundancy payments.
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 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
- Advise on the content of agreements
- Know how to implement employee information and consultation obligations
- Assess areas of risk - particularly when changing contracts of employment
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