The course addresses a number of recent decisions, including

ECJ

Colino Sigüenza v Ayuntamiento de Valladolid and others (temporary cessation of activities and ETO reasons)

EAT

Tabberer v Mears Ltd (changes in terms not connected to the transfer)

Hare Wines Ltd v Kaur (because of the transfer where the reason given for dismissal was different. Dismissals proximate to the transfer likely to be because of the transfer).  

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
  • Insolvencies
Trevor Leuty

Trevor Leuty

Details and courses

The trainer took time to explain answers to each scenario rather than put us in groups. We had whole classroom discussions. This approach should be taken by all courses as the other format appears more 'time wasting' and what I could do at my own practice rather than seeking to learn. Well done Trevor!

Great overview of TUPE problem solving. TUPE is regulation and case law heavy, but Trevor was knowledgeable, enthusiastic and engaging. He made the course very interesting. His handout also had very useful templates and summaries for use in practice.

Excellent and informative - very well presented.

Available dates (3)
Wed 16 Oct 2019 - 9:30AM Birmingham Members save up to 50% off training£510
Thu 17 Oct 2019 - 9:30AM London £510
Tue 24 Mar 2020 - 9:30AM London £510
Purchase course documentation
Course Notes - Solving TUPE Problems in 2019 £79

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