The course addresses a number of recent decisions, including
Colino Sigüenza v Ayuntamiento de Valladolid and others (temporary cessation of activities and ETO reasons)
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