Transfer of Undertakings

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1-day interactive training and practice
London - 14 Sep 2010, 2 Dec 2010, 24 Feb 2011, 16 Jun 2011, 15 Sep 2011, 2 Dec 2011
Central London £495 + VAT

Transfer of Undertakings in brief:

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 programme 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.

This event is CPD accredited.

Designed for:

Designed for HR professionals who need to be familiar with the complex law relating to business transfers and outsourcing, including recent case law and the 2006 regulations.

Training highlights:

  • Understand and be able to apply key rules on business transfers
  • Be able to advise senior colleagues on the legal implications of proposed TUPE transfers
  • Appreciate the legal issues in competitive tendering, outsourcing, insourcing, mergers disposals ? and acquisitions
  • Be able to 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

The Programme

09:30
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
11:00
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
12:30
Lunch
13:30
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
14:30
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
15:30
Difficult areas and issues in the public and private sectors
  • Information and consultation
  • Changing terms
  • Equal pay
  • Trade union recognition
  • Pensions
16:30
Close of training

Client testimonials

"Excellent - provided a clear picture of TUPE legislation, and best practice. Time was provided to give advice on specific cases I was dealing with"

—Tina Holmes, HR Manager, Simons Group Ltd

Penny has a talent for explaining complex subjects into easy to understand and interesting sessions

—Sue Geall, ER Manager, Thomson Local

Very worthwhile, time flew by

—Natalie Edworthy, HR Assistant, EMR

Outstandingly well delivered, very relevant

—Jo McCabe, Senior HR Business Partner, Telindus Limited

Very informative, useful and interesting

—Amy Budd, HR Advisor, Aveva Solutions Ltd

Very enlightening and delivered in practical and understandable language. No legal speak!

—Lyn Dodd, Senior HR Adviser, Lewisham Homes

Very helpful stuff, thanks Penny.

—Callum Johnson, Group Head of People and Development, Holiday Extras

Fog lifting

—Sheena Murphy-Collett, Director of Human Resources, Somerset College of Art & Technology

Well presented and easy to understand what is a difficult subject

—Nick Veiga, Group HR Manager , Renault Retail Group UK

I never thought it possible - TUPE made simple!

—Catrin Roberts, Policy and Mobility Advisor, Body Shop

Very useful, ready to put into practice

—Louise Gee, HR Advisor, Briggs Equipment

Very useful, ready to put into practice

—Louise Gee, HR Advisor, Briggs Equipment

Very engaging and informative

—Suzanne Griffiths, Employee Affairs Manager, Jaguar Land Rover

Fantastic trainer; lots of real life examples

—Laura Bennett, HR Officer, Dorset County Council

Very good session; informative and engaging

—Nita Parmar, HR Manager, Fairpoint Group PLC

Venue details

Radisson Edwardian Leicester Square Hotel
St. Martins Street
Leicester Square
London
WC2H 7HL

Tel. + 44 (0)20 7930 8641
Fax. + 44 (0)20 7451 0191
Email. reshamp@radisson.com

Click here here to visit the website.

The perfect hideaway boutique hotel in the heart of the West End. Tucked between the National Gallery and the Square itself, the Leicester Square is cool, minimalist and clutter-free with pale leathers and original art throughout. A great seafood café, the Bar & Restaurant is a chic and intimate space with a pleasantly relaxed vibe. 

This really is the perfect West End Location. To one side the National Gallery, Trafalgar Square and St James' Park, Buckingham Palace and Westminster. To the other, Leicester Square and theatre land, Soho's hip restaurants and nightlife, bustling Chinatown and Covent Garden's speciality shopping. 

Joining Instructions

Click on the relevant date/location to download joining instructions

Please note: You need to book and pay in advance of attendance.

Trainers

Our People

Penny Macmillan

Penny Macmillan MA Chartered FCIPD is a Solicitor and has for many years specialised in employment law, with particular experience of: TUPE, unfair dismissal, discrimination, whistleblowing and drafting employment contracts, policies, procedures and handbooks. She is former Head of the Legal Department at The Race Equality Centre and now practises in her own firm.

Before qualifying as a lawyer, Penny held positions as a Group Personnel Manager for a health authority; Employee Relations Manager for a major retailer; and Personnel and Training Manager for a large catering services company. Penny is equally well qualified and experienced as a management trainer, HR specialist and lawyer. She delivers workshops and seminars on a wide range of employment law and best practice subjects and is a personal tutor on JSB’s Advanced Certificate in Employment Law (ACEL).

Testimonials

“Very good session; informative and engaging”

— Nita Parmar, HR Manager,
Fairpoint Group PLC

Run courses In-Company

If you have 4 or more people who would benefit from this training, why not consider running it in-house?

 

  • Tailored content
  • Significant cost savings
  • Choice of time and location
  • Flexible delivery options

 

Call us now on
+44 (0)20 8371 7011
or send us an outline of your requirements.

 

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