Solving TUPE Problems in 2012

This 5 hour seminar examines common issues which arise before, during and after a transaction to which the TUPE Regulations apply and how to deal with them. There will be a detailed look at recent case law including Tapere v South London Maudsley NHS Trust, Hynd v Armstrong, Dynamex Friction Ltd v Amicus and Nationwide Building Society v Benn. The seminar is conducted as a workshop with a series of problems for the delegates to work through.

• 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?
• Changing terms and conditions of employment following a TUPE transfer. How long after a transfer can terms be harmonised? ETO reasons.

• Can I amend the terms and conditions? Employee co-operation- what are the options?
• 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.

• 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?
• Compromise 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. bligations of transferor and transferee. Time Limits. The “not reasonably practicable” defence. The cost of getting it wrong.
• Consultation. ho are affected employees? ppointing employee representatives. onsultation about what?The cost of getting it wrong.
• Service Provision Changes. History. The 2006 Regulations. Recent cases

Course Dates

11/09/2012 Manchester	10:00 - 16:45 Venue Information
12/09/2012 Leeds	10:00 - 16:45 Venue Information
17/09/2012 Nottingham	10:00 - 16:45 Venue Information
25/09/2012 Birmingham	10:00 - 16:45 Venue Information
26/09/2012 London	10:00 - 16:45 Venue Information
09/10/2012 Southampton	10:00 - 16:45 Venue Information
10/10/2012 Bristol	09:30 - 16:15 Venue Information
22/10/2012 Newcastle-Upon-Tyne	10:00 - 16:45 Venue Information
15/05/2013 Belfast	10:00 - 16:45 Venue Information

Trevor Leuty 
has been admitted as a solicitor for just under 40 years and is currently a consultant with Banks Kelly Solicitors Limited. He has developed a niche within the motor industry with a particular emphasis on Employment Law and Practice. That has included appearing extensively before Employment Tribunals throughout the UK, advising on both contentious and non-contentious issues and training managers. His client base includes a number of well known manufacturers and retailers within the industry. He is a regular speaker at legal training events.