TUPE: The Law and Practice

Venue: BMA House, Tavistock House, Tavistock Square, London WC1H 9JP 

Times: 
Day One: 9:15am to 5.15pm
Day Two: 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.

Please note this course is non-residential. The course fees do not include overnight accommodation.

How to access the course
Day one will take place on 20 June and is available to attend virtually via Microsoft Teams or in-person at BMA House in London.
Day two will take place on 21 June and due to the interactive nature of the day, is only available in-person at BMA House in London.
This course will not be recorded or available on-demand. 

Discounts Available
20% early bird discount until 10 May 2024.
50% discount for voluntary sector organisations.
50% pupil barristers/barristers under 2 years call.

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. 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:

• 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

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

Day One: The Five Core Topics (6 CPD Hours)
20 June 2024

09:15 – 09:45: Registration, tea and coffee

09:45 - 09:50: Course Introduction

09:50 - 11:10: Scope – Identifying a relevant transfer - when TUPE applies
James Green and Grace Malone, 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 and possible further divergence post REUL
• Fragmentation
• Offshoring

11:10 - 11:25: Tea/Coffee Break

11:25 - 12:30: Who Transfers?
Dominic Holmes, Kilgannon & Partners

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

12:30: Lunch

13:15 - 14:35: What transfers? The rights and liabilities of employees
Catrina Smith, Norton Rose Fulbright LLP

• Contractual rights
• Claims
• Collective rights
• 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
Mark Kaye, Bryan Cave Leighton Paisner 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
Speaker to be confirmed

• 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

Day Two: The Commercial Considerations (5.75 CPD Hours)
21 June 2024

Speakers:
Tim Leaver and Nick Wright, Herbert Smith Freehills LLP
Jonathan Hearn, DLA Piper UK LLP

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, Tim Leaver 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

• TUPE

Fees

• Day One - In-Person Attendance at BMA House: £250 + VAT
• Day One - Virtual Attendance via Microsoft Teams: £250 + VAT
• Day Two - In-Person Attendance Only at BMA House: £250 + VAT
• Both Days - In-Person Attendance at BMA House: £450 + VAT
• Both Days - Day One Virtual Attendance via Microsoft Teams; Day Two In-person Attendance at BMA House: £450 + VAT

Discounts

We also offer the following discounts on the full fee:

• 50% discount for members in the voluntary or not-for-profit sector (with no booking deadline)
• 50% discount for pupil barristers or barristers less than 2 years call (with no booking deadline)
• Please note only one discount will be applied per booking.

Day one will take place on 20 June 2024 and is available to attend virtually via Microsoft Teams or in-person at BMA House in London.

Day two will take place on 21 June 2024 and due to the interactive nature of the day, is only available in-person at at BMA House in London.

This course will not be recorded or available on-demand. 

All those booked will receive a confirmation email on 18 June 2024.
The email will include soft copies of all handouts and a link for online access to day one. Please ela [at] elaweb.org.uk (subject: TUPE%20Course%20Query) (contact us) if you have any queries.

If you are not a current member of ELA and would like to join and attend this event (or any other events), please email ela [at] elaweb.org.uk (ela[at]elaweb[dot]org[dot]uk) or telephone 01895 256972 and we will be happy to bring you into membership and reserve your place at this event.