TUPE: The Law and Practice

Event Details

Tuesday 19 June and Wednesday 20  June 2012

10am for 10.30am start to 5.15pm (day one)

10am for 10.20am start to 4.40pm (day two)

CPD Hours: 5 (day one) , 4.5 (day two)

Speakers

Russell Brimelow, Lewis Silkin
Bob Cordran, Marriott Harrison
Adam Lambert, Clyde & Co
Tim Leaver, Herbert Smith
Chris Wellham, Hogan Lovells
David Whincup, Squire Sanders
Patrick Brodie, Reynolds Porter Chamberlain

A two-day course which aims to give members a comprehensive knowledge of the academic and practical aspects of TUPE.  Members can book for either one of the days, or for the entire course. Day one will focus on the academic aspects of TUPE with day two concentrating on the practical implications. Members can book for either day one or day two, as well as the full two day course.

Feedback from this course

Russell Brimelow
Very engaging speaker.  Clearly very knowledgeable and very well structured lecture.Excellent practical application of applying TUPE in real situation.  Clear and concise and new topic with a level of authority.
Covered a lot of ground in an interesting way and managed amongst the detail to pick out the salient points.

David Whincup
Very clear way of explaining often complex issues.  Very relevant.
Very engaging, raised new and interesting perspective, pitched at good level.
Fantastic speaker.

Chris Wellham
Very clear, well structured and helpful.  Really went back to basics – that is perfect for sessions early on in the day.
There was a lot of information to take in during this session but I thought it was presented in a clear and logical method.
Good use of case studies.

Tim Leaver
Well presented and made the topic accessible.  Very practical, which will definitely be helpful back in the office.
Very interactive case study.  Made you put your learning into practice. 
Practical, helpful, interesting, lots of commercial experience and tips which was presented in a user friendly style.

Patrick Brodie
Helpful whistle stop overview – good start to the day
Very good speaker and good overview of history of the regs and background
Very interesting historical background and an engaging speaker

Programme 

Day One – Tuesday 19th June

Chair: Patrick Brodie, Reynolds Porter Chamberlain

10.00am
Registration and coffee

10.30am
Origin and History: TUPE in context

Patrick Brodie, Reynolds Porter Chamberlain

Patrick is a Partner in the Employment, Pensions and Incentives Group. He focuses on restructuring and reorganisation across both the public and private sectors and is recognised for resolving complex workforce issues. He also specialises in financial services regulation, whistleblowing and corporate governance.  Patrick edits the whistleblowing chapter for Tolley's and contributed to Xpert HR's good practice guide on TUPE.

10.50am
Scope 
Chris Wellham, Hogan Lovells

Chris is Of Counsel advising a diverse selection of key clients on the full range of employment law issues. He provides day-to-day advice on a wide range of topics from various types of discrimination to TUPE issues to unfair dismissal. He also has extensive experience of preparing and advising on employment tribunal cases and of advising on many corporate transactions and outsourcings. Chris has been on secondments dealing with day-to-day employment issues for two major investment banks.

• When is there a transfer?
• Service provision change
• Original standard definition
• Fragmentation
• Offshoring 

11.50am          
Tea/coffee

12.05pm          
Who Transfers?
Adam Lambert, Clyde & Co 

Adam Lambert is a partner in the firm's employment and pensions team. He works with clients in finance, IT, property, retail, technology, manufacturing and professional services sectors as well as various areas of the public sector such as police authorities, universities and NHS trusts. He has been a key advisor on many major change management projects such as large-scale business sales, outsourcing,redundancies and the reform of employment terms.

• Identifying who is assigned
• Secondments and temporary assignments
• The right to object
• Cherry picking employees

1.00pm
Lunch 

2.00pm
What transfers: The rights of employees and how does the tranferee discover what they are inheriting
Bob Cordran, Marriott Harrison

Bob advises on the full range of employment issues, across a variety of industries. He has extensive experience in advising on the employment aspects of corporate, commercial and real estate transactions and in particular the application of TUPE.

• Contractual rights
• Claims
• Collective rights and trade union recognition
• Pensions
• The importance of due diligence, warranties and indemnities

3.00pm
Employers’ duties to inform and consult
Russell Brimelow, Lewis Silkin

Russell advises on all aspects of employment law and in particular the handling by companies of sensitive people issues, including terminations of employment, mergers, downsizing and TUPE transfers. He is often involved in contentious Tribunal litigation. He also specialise in advising employers on people strategy.

• Employee liability information
• Information and consultation
• What information is required?
• When?
• Agreeing access to employees
• Trade union recognition/involvement
• Election of reps/no reps
• HR engagement/involvement between the transferor and transferee

4.00pm
Tea/Coffee

4.15pm
Changing legal terms and working conditions
Russell Brimelow, Lewis Silkin

• Legal terms and conditions of employment
• Can you harmonise?
• When?
• How?
• What are the risks?
• Practical difficulties of running a two tier workforce
• Insolvent businesses 
• Changing working conditions 

5.15pm
Close of day one

Day Two – Wednesday 20th June

Chair: Patrick Brodie, Reynolds Porter Chamberlain

10.00am
Registration and coffee 

10.20am
Chair’s Introduction – overview of day one

10.40am
Dismissals
David Whincup, Squire Sanders

David’s expertise gained from twenty-five years as a specialist Employment Law practitioner covers a wide variety of employment-related issues. David’s clients span a wide range from senior individuals to household-name corporates, and across all sectors from aviation and distribution to insurance and sports. However, his particular expertise lies in advising clients in the financial services sector.

• Automatic unfairness
• Reg4(9) quasi-constructive dismissal
• ETO reasons
• Pre/Post transfer
• Compromise agreement on transfer
• Risks/liabilities
• How to account for this in the commercial agreement 
• Sharing liability where there are redundancies as a result of a service provision change 

11.40am
Tea/coffee

12.00pm
Putting TUPE into practice: practical TUPE issues on business sales, outsourcing (including first and second generation)
Tim Leaver and Anna Henderson, Herbert Smith

Tim advises on a wide range of employment issues, both contentious and non-contentious. Contentious work includes claims in the Employment Tribunal (such as unfair dismissal and unlawful discrimination) and in the High Court (such as complex bonus/incentives disputes and injunctions). Non-contentious work includes drafting service agreements, negotiating complex executive terminations, team moves, advising on employment aspects of business transfers and reorganisations (including collective redundancies and outsourcing), directors' disputes and general HR advisory matters.

Anna manages the employment group's value-added client services and internal education.  This includes alerting clients and fee-earners to the latest legal developments and their business impact and designing tailored training for both clients and the internal group.  She writes and lectures on a wide variety of topical legal issues, as well as contributing to legal textbooks on subjects ranging from directors and TUPE to executive severance.

• How employee issues can impact on the wider deal
• Data gathering and preparation:
• due diligence
• data rooms
• bundling
• transferee plans
• handover issues 

1.00pm  
Lunch

2.00pm  
Putting TUPE into practice
Tim Leaver and Anna Henderson, Herbert Smith

Drafting and negotiating warranties and indemnities (and how non-employment clauses impact on employment issues)

Specific employment issues on outsourcing/retendering and insolvencies

There will be a 15 minute refreshment break at about 3.15pm

4.30  
Closing remarks

 4.40
Close of course

This course is one of ELA’s series of annual courses for newly qualified employment lawyers: 
Introduction to Employment Law Course (run over 3 days in Birmingham)
Practical Employment Litigation Workshop (1 day in Birmingham)
Compromise Agreements (half day course in London)
Foundation Course in Discrimination Law (run over two days in London)