An essential one-day seminar from PersonnelToday.com and IRS shows HR
practitioners and line managers how to deal with the UK Transfer of
Undertakings Regulations (TUPE)
Applied
TUPE
The
UK Transfer of Undertakings Regulations (TUPE) have been with us for more than
20 years but their implications are rarely fully understood.
All
those advising on employment issues, especially business sales, outsourcing or
contracting, need to have a good grasp of TUPE and how it affects transactions.
This
seminar explains when TUPE applies, how we identify who is affected, who
transfers, the special rules regarding redundancies, dismissals and changing
employment terms, and also looks at the role of unions. It will outline the
Government’s proposed changes to TUPE due this year.
The
benefits to you and your organisation
After
attending the seminar, you will be able to:
–
Understand the scope of TUPE and when it applies
–
Appreciate the special rules regarding redundancies and dismissals
–
Advise your organisation on the planned changes to TUPE
There
will be particular emphasis on:
–
The main purpose of the TUPE regulations
–
When does TUPE apply to outsourcing and competitive tendering?
–
What about labour-only sub-contracts?
–
How will the revised Regulations affect TUPE’s application?
–
Identifying who transfers when only part of a business is sold
–
What about employees split between two parts of the business?
–
Hanging on to the best staff notwithstanding the transfer
–
Transfer-connected redundancies and pools for selection
–
Changing employment terms before and after a transfer: when is it safe?
–
Pensions: when are they protected?
–
Informing and consulting with unions and other representatives
–
Consequences of failing to comply with TUPE
Who
should attend?
This
seminar will suit all those who need to know about TUPE, particularly HR
executives, managers in both the public and private sectors, and solicitors who
advise on employment issues.
In-Company
Training
IRS
can run a specially tailored version of this seminar for your organisation.
Call Paul Gasowski on 020 7347 3592.
Programme
An
overview of TUPE
What TUPE is and the effect of its application
When
do the TUPE Regulations apply?
– A traditional business sale
– Application to first and second-generation outsourcing
– The tests for determining TUPE’s application
– Application to labour-intensive activities
– Territorial reach of TUPE: the business moving out of the
UK
– Application to inter-company transfers and share sales
Which
employees are transferred?
–
Application to employees and the self-employed/contractors
–
Effect of use on employment service companies
–
Identifying which part of the business the employee works in
–
Employees choosing to stay on. Can you ‘cherry pick’?
–
Right of objection to transfer: what does it mean in practice?
Transfer
of rights and liabilities
–
Contractual rights
–
Bonuses, commissions and profit shares
–
Statutory rights, including discrimination and dismissal
–
The current position regarding pension rights
–
Effect of collective agreements: those made after the transfer
–
Contractual rights difficult to replicate
Dismissals
and post-transfer issues
–
When is dismissal automatically unfair?
–
Relevance of timing of dismissal: when is it safe?
–
The ETO defence
–
Pre-transfer redundancies at request of transferee
–
Pools for redundancy selection
–
Changing contract terms: how can this be done?
Informing
and consulting about the transfer
–
The basic duty
–
Identifying trade union or other representatives
–
What information must be disclosed and when?
–
What consultation involves and when is it required?
–
Role of transferee in pre-transfer consultation
–
Assigning liabilities for failure to inform and consult
All
seminars come with comprehensive documentation, model policy statements and a
Certificate of Attendance.
|
Duration Location |
Dates 19 October |
Fees £449 + VAT Private sector |
Maximum delegates Timings |
