It is vital to ensure that advice on TUPE is correct. Transfers can take place without the parties knowing. The financial cost of ignorance and/or mistakes is enormous (£3.5 million in the recent Guvera case - see below).
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 delegates to work through.
In response to feedback from delegates, the course will look in more detail at some of the basic concepts such as what is an economic entity and what is a transfer.
The course addresses 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 and Guvera Limited v Butler – share sales and management changes
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:
- When is a dismissal connected with the transfer? Whose reason is relevant? Who is employed 'immediately before the transfer'?
- The automatic transfer principle
- Can staff be reduced to make the business more attractive?
- 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?
- Pension rights – do any rights transfer?
- Service Provision Changes. History. The 2006 Regulations. An overview of the case law.
- Constructive dismissal and dismissal because of substantial change in the employee's working conditions to his or her material detriment
- 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. When is consultation required? 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?
- Drafting TUPE Clauses in commercial contracts
- Suggested dodges