TUPE: The Law and Practice

TUPE: The Law and Practice

Speaker(s):

Please see full programme

CPD hours:
Day One: 6 Hours; Day Two: 5.75 Hours
Delivery:
Multi-day
Cost:
Fees Apply
Experience level:
General
Delivery method:
Hybrid
Committee:
Training
Date:
Day One: Thursday 23 June 2022; Day Two: Friday 16 September 2022
Time:
09:30 - 17:15
Venue Address:
160 Aldersgate Street
Barbican
London
EC1A 4HT
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Day One: Thursday 23 June 2022
Day Two: Friday 16 September 2022
Times: 9.30am to 5.15pm

Fee
Cost for both days: £450 +VAT
Cost for one day: £250 + VAT

Members may book for either day one or day two, as well as for both days.

Unfortunately, we must change our plans for this course due to the impending rail strikes due to take place on 21, 23 and 25 June 2022.

Day one of the TUPE course will still take place on 23 June but will be virtual only and delivered via Zoom Webinar. Please note this course will still only be available live, there will not be an on-demand recording of the day.

Although day two of our course takes place on a day without a strike planned, we still envisage delays and disruption due to the strikes. On that basis, we have rescheduled the course and it will now take place on Friday 16 September 2022 at DLA Piper in London.

Discounts Available
50% discount for voluntary sector organisations
50% pupil barristers/barristers under 2 years call

How to access the course
Day one is available virtually only. Virtual delivery is via Zoom.
Day two is an interactive day and you can attend in-person only. 
 

This course 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 and a look ahead to what Brexit might bring. The course will also cover the commercial considerations that apply in a business sale and an outsourcing, including managing TUPE data, identifying commercial issues and negotiating tactics.  

Day one focuses on the academic aspects of TUPE, covering the six core topics:

  • 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

Day two builds on the black letter law covered on day one, focussing on the commercial aspects which apply in a business and an outsourcing. Through practical talks and case studies, day two will cover:

  • 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

 

Programme - Day One: The Six Core Topics (6 CPD Hours)

09:30 - 09:45: Registration and Tea/Coffee

09:45 - 09:50: Course Introduction

09:50 - 10:55: Scope – Identifying a relevant transfer - when TUPE applies
James Green and Molly Horton, 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

10:55 - 11:10: Tea/Coffee Break

11:10 - 12:15: Who Transfers?
Mark Kaye, Bryan Cave Leighton Paisner LLP

  • Applying the ‘assignment’ test
  • Secondments and temporary assignments
  • Managing lists of transferring employees
  • The right to object

12:15: Lunch

13:00 - 14:35: What transfers? The rights and liabilities of employees
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

14:35 - 14:50: Tea/Coffee Break

14:50 - 15:55 Employers’ duties to inform and consult
Lee Nair and Anna Sella, Lewis Silkin LLP

  • 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

15:55 - 16:10: Tea/Coffee Break

16:10 - 17:15 Changing legal terms and working conditions
Janette Lucas, Squire Patton Boggs

  • 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

17:15: Close of day one

Programme - Day Two: The Commercial Considerations (5.75 Hours)

Speakers:  Jonathan Hearn, DLA Piper UK LLP, Christine Young and Nick Wright, Herbert Smith Freehills LLP
Chair: Patrick Brodie, RPC

This in-person interactive day 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

Timetable for Day Two
09:30: Registration and coffee
10:00: Sessions
(Tea/coffee break at around 11:00)
13:00: Lunch
14:00: Sessions
(Tea/coffee break at around 15:15)
17:15: Close of day two

 

Fees

  • Day One Only- In-Person Attendance: £250 + VAT
  • Day One Only - Virtual Attendance: £250 + VAT
  • Day Two Only - In-Person Attendance: £250 + VAT
  • Both Days - In-Person Attendance: £450 + VAT
  • Both Days - Day One Virtual Attendance; Day Two In-person Attendance: £450 + VAT

Discounts

We also offer the following discounts on the full fee:

  • 50% discount for voluntary sector organisations
  • 50% pupil barristers/barristers under 2 years call
  • Please note only one discount will be applied per booking.