Managing TUPE Transfers

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This one-day course will help steer you through the legal issues involved in managing TUPE transfers, restructuring and redundancy exercises. It incorporates all the latest case law as well as the January 2014 amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the rules on collective redundancy consultation. The course will place these important changes in the overall context of the law on transfers and redundancy and give you an opportunity to learn how they apply to your own organisation.

Course outline

Identifying TUPE transfers

  • Two types of transfer
  • Transferring a business – an organised grouping of resources
  • Transferring activities – an organised grouping of employees
  • Transferring an activity to multiple contractors

Who transfers?

  • The assignment test
  • Objecting to the transfer
  • Back office staff

What transfers?

  • Terms and conditions of employment
  • Pensions
  • Non-contractual policies and procedures
  • Holiday entitlement and sickness absence

Post-transfer terms and conditions

  • Effect on collective agreements and collective bargaining
  • Changing terms and conditions

Restructuring following a transfer

  • ETO reasons
  • Timing the changes
  • Consultation on TUPE ‘measures’

 Collective redundancy consultation

  • Defining redundancy
  • Duty to give information
  • The threshold for consultation
  • Consultation timescales – when does it start and end?
  • Who must be consulted?
  • Subject matter of consultation
  • ‘With a view to reaching an agreement’
  • Differences between TUPE and collective redundancy consultation

Protective awards

  • Who can bring a claim?
  • Differences between collective redundancy and TUPE
  • Calculating the protective award

Final Questions and round-up