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Transfer of Undertakings (TUPE)

Gain a clear understanding of the complexities of TUPE

This is a sample learning overview that we can design and deliver specifically for your organisation.

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 tricky legal issues for any HR department to deal with; if it is handled incorrectly, it can lead to disputes and litigation - ultimately damaging reputations and branding. Case law has complicated the law further.

We can design and deliver a (typically 2-day) Transfer of Undertakings (TUPE) training course for your team that covers all key issues relating to TUPE – the legal, business, strategic and people contexts. Participants 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.

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.

Learning 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

 

View typical programme content

Programme –

Day one:

Legal review

  • When do the regulations apply?
  • Undertakings and service provision changes
  • Time and effect of 'relevant transfer'
  • Who transfers – identifying who is assigned?
  • The right to object
  • The duty to inform and consult and ELI
  • Dismissals in a transfer situation – when are they automatically unfair under the new test and who is liable?
  • Substantial changes to working conditions
  • What is the 'ETO' defence under the new test?

Legal review continued

  • What transfers?
  • Which terms have to be replicated and how?
  • Overview of pensions/equal pay/trade union recognition
  • Changing terms and the ETO new test
    • Is it possible to harmonise terms and conditions following a transfer?

Day two:

  • A practical application of the basic TUPE principles
  • Preparing for a TUPE transfer
  • Due dligence
  • Issues on first and subsequent generation outsourcing
  • Off shoring and in sourcing
  • Warranties and indemnities

The business process

  • Contrasting ordinary business sale with contracting out
  • Identifying the pitfalls
  • Assessing the commercial risk
  • Drafting the agreement

Case study

  • Handover issues
  • Insolvency
  •  Transfers involving public sector employees
  • Pre transfer collective redundancy consultation
  • Integrating workforces
  • Recent case law developments

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