TUPE: The Law and Practice

This event is in the past
Date:
Mon 15 Mar to Tue 1 Jun 2021
Location:
At your desk (National)
Venue Address:
At your desk
Event Type:
Webinar
Status:
Spaces Available

Fees

  • TUPE - The Six Core Topics: £150 + VAT
  • TUPE - The Commercial Considerations: £150 + VAT

Discounts

We also offer the following discounts on the full fee:

  • There is a 20% discount off the total price if you book both parts, bringing the price for both parts to £240 + VAT
  • There is a 50% discount for the voluntary sector
  • There is a 50% discount for pupil barristers and barristers with less than 2 years' call
  • Please note only one discount will be applied per booking.

ELA’s highly acclaimed TUPE course will run online this spring. 

The course will consist of two parts

  • TUPE - The Six Core Topics
  • TUPE - The Commercial Considerations

You can book for one or both of the parts.

TUPE - The Six Core Topics

This part of the course will be split into two blocks and will be available for a limited period of time between the dates shown. Each webinar within the blocks is approximately 45 - 90 minutes in duration. 

The detailed programme is set out below.

There will be a live Q&A session at the end of Blocks 1 and 2 with the speakers from that block.

Block 1 - History, overview and recent reforms, scope – identifying when TUPE applies and who transfers

Available from 15 March, 9am – 1 June 2021, 5pm
Live Q&A session with speakers from Block 1: 29 March at 1pm

Block 2 - What transfers? The rights and liabilities of employees, employers’ duties to inform and consult and changing legal terms and working conditions

Available from 29 March, 9am – 1 June 2021, 5pm
Live Q&A session with speakers from Block 2: 19 April at 1pm

The intention is that members watch each block within the 2-week time frame before the live Q&A session, to get the maximum benefit from the live Q&A session at the end of the block.

However, all the webinars, together with recordings of the live Q&A sessions, will be available to those who book before 5pm on 1 June 2021.

When you book, you will be sent a link to the webinars for each of the blocks you have booked. The link will be available for you to access at any time, during the dates shown for that block, in your My ELA account on the ELA website. You will also be sent a link for the live Q&A session for each block you have booked.

TUPE - The Commercial Considerations

Live interactive day – 20 April 2021

To follow on from The Six Core Topics, members may choose to attend our live interactive virtual course which will run across one day, on 20 April 2021, from approximately 9.30am to 4.30pm (with breaks built into the programme).


Programme 

TUPE - The Six Core Topics

The six core topics are covered in two blocks and are aimed at those in their first two years of practice, or who have had little experience of TUPE in their practice. These sessions will give members a comprehensive knowledge of the technical and practical aspects of TUPE. There will be a full and clear analysis of the legislation and key cases, together with updates on recent developments in case law. The six core topics covered across the two blocks are:

  • Identifying a relevant transfer
  • Who Transfers?
  • What transfers? The rights and liabilities of employees
  • Employers’ duties to inform and consult
  • Changing legal terms and working conditions
  • Dismissals

Block 1

Available from 15 March, 9am
Live Q&A session with speakers from Block 1: 29 March at 1pm

Webinar 1: History, overview and recent reforms: TUPE in context
Speaker: Patrick Brodie, RPC LLP

Webinar 2: Scope – Identifying a relevant transfer - when TUPE applies
Speaker: Adrian Martin and Katie Wooller, Burges Salmon LLP

  • When is there a transfer?
  • Traditional transfer of an undertaking
  • Service provision change, including the new definition
  • Original standard definition
  • Key areas of contention:
    • Asset reliant v labour intensive
    • ECJ v UK approaches
    • Fragmentation
    • Offshoring

Webinar 3: Who Transfers? Applying the ‘assignment’ test
Speaker: Adam Lambert, Bryan Cave Leighton Paisner LLP

  • Secondments and temporary assignments
  • Managing lists of transferring employees
  • The right to object

Block 2

Available from 29 March, 9am
Live Q&A session with speakers from Block 2: 19 April at 1pm

Webinar 1: What transfers? The rights and liabilities of employees
Speaker: Catrina Smith, Norton Rose Fulbright LLP

  • Contractual rights
  • Claims
  • Collective rights, including the 2014 reforms
  • Trade union recognition
  • Pensions
  • The principles of TUPE-related dismissals

Webinar 2: Employers’ duties to inform and consult
Speakers: Jonathan Carr & Lee Nair, Lewis Silkin

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

Webinar 3: Changing legal terms and working conditions
Chinwe Odimba-Chapman, Clifford Chance LLP

  • The new test for prohibited variations
  • 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
  • TUPE - The Commercial Considerations

TUPE - The Commercial Considerations

Live interactive day – 20 April 2021

The live, virtual all-day session will focus on the commercial considerations that apply in a business sale and outsourcing, including managing TUPE data, identifying commercial issues and negotiating tactics.  Through practical talks and case studies, our speakers, Jonathan Hearn, DLA Piper UK LLP, Christine Young and Nick Wright, Herbert Smith Freehills LLP will look at:

  • How employee issues can impact on the wider deal
  • Data gathering and preparation:
    • due diligence
    • data rooms
    • bundling
    • transferee plans
    • handover issues
  • Drafting and negotiating warranties and indemnities (and how non-employment clauses impact on employment issues)
  • Specific employment issues on outsourcing/retendering and insolvencies