This course examines common issues which arise before, during and after a transaction to which the TUPE Regulations apply and how to deal with them. The course is conducted as a workshop with a series of problems for the delegates to work through. It is vital to ensure that advice on TUPE is correct. The financial cost of mistakes is enormous.
In 2014 there were significant amendments to the TUPE Regulations 2006. These changes will be examined in detail.
The course has been updated to include a number of recent decisions, including:
Ferreira da Silva v Estado português – recognising a transfer
Xerox Business Services Philippines Inc Ltd v Zeb – cross border implications
ICAP Management Services Limited v Berry – share sales
Born London Limited v Spire Production Services Limited – Employee Liability information
RJ Heathman Ltd T/A County Contractors & Others v Quadron Property Services Ltd & Others – timing of transfer, single event or task of short term duration and the insolvency exception
The course covers the following:
- The basic rules – when is a dismissal connected with the transfer? Whose reason is relevant? Who is employed “immediately before the transfer”?
- Reducing staff – how to make the business more attractive. What if the Transferee wants the transferor to dismiss potentially transferring employees?
- Who transfers?
- Changing terms and conditions of employment following a TUPE transfer. How long after a transfer can terms be harmonised?
- ETO reasons and whose ETO reason is relevant?
- Are unfair dismissals a nullity?
- Constructive dismissal and dismissal because of substantial change in the employee's working conditions to his material detriment. Is dismissal unfair?
- Which employer is responsible? Your employment is going to transfer but you will have to travel much further and the hours are less convenient. What are your rights?
- Settlement agreements – can a potential TUPE claim be compromised?
- Enforcing existing restrictive covenants and imposing new ones. If I have bought a business can I enforce restrictive covenants between the seller and an employee who has transferred?
- Requirements to provide information. Obligations of transferor and transferee. Time Limits. The “not reasonably practicable” defence. The cost of getting it wrong.
- Information and Consultation. Who are affected employees? Appointing employee representatives. Consultation about what?
- Service Provision Changes. History. The 2006 Regulations. An overview of the case law.
- Drafting TUPE Clauses in commercial contracts.
- Suggested dodges.