Employment Law in Practice

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

Close of training