TUPE: The Law and Practice

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Date:
Mon, 5 Jun 2017
City:
London (National)
Venue Address:
Royal College of Obstetricians and Gynaecologists,
27 Sussex Place,
Regent's Park,
London, NW1 4RG
Speaker(s):
See full programme
Event Type:
General
Duration:
1 or 2 days
CPD hours:
11.50
Status:
Spaces Available

Day one: 9.30am for 10.00am start to 5.10pm
Day two: 9.30am for 10.00am start to 5.00pm

Fee
Cost for both days: £450 +VAT
Cost for one day: £225 + VAT
There is a 20% discount until 13 April 2017, a 30% out of region discount for those outside the Greater London area and 50% voluntary sector discount (one discount available, whichever is the greater)
Members may book for either day one or day two, as well as for the full two day course.

CPD guidance: Day one – 6; Day two – 5.5

This course will give members a comprehensive knowledge of the academic and practical aspects of TUPE. There will be a full and clear analysis of the recent and critical changes introduced by the Government and, separately, brought about by case law, including, for example, whether rights under collective agreements transfer, clarification of the "service provision change" test and the extent to which Europe might limit the concept of "fragmentation". 

Day one will focus 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

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

Event Programme

Day One – Monday 5 June

Chair: Patrick Brodie, RPC LLP

09.30am Registration and coffee

10.00am History, overview and recent reforms: TUPE in context
Patrick Brodie, RPC LLP

Patrick is a Partner in RPC's Employment, Pensions and Incentives Group. He focuses on restructuring and reorganisation across both the public and private sectors. Industry awards from the Lawyer and Legal Business have recognised his ability to resolve complex workforce issues. Patrick edits Xpert HR's TUPE reference manual.

10.20am Scope – identifying a relevant transfer
Adrian Martin, Burges Salmon LLP

Adrian joined Burges Salmon in 2002 after five years with Simmons & Simmons, London. He advises employers and employees in both the public and private sectors on a full range of contentious and non-contentious employment matters.   Adrian has particular experience of advising on the employment aspects of corporate transactions, outsourcing arrangements and PPP/PFI and other projects, including the legal and practical implications of TUPE in both private and public sector transactions.

  • When is there a transfer?
  • Service provision change, including the new definition
  • Original standard definition
  • Fragmentation
  • Offshoring

11.20am Tea/coffee

11.35pm Who Transfers?
Adam Lambert, Kingsley Napley LLP

Adam Lambert is a partner in the firm's employment team. He works with clients from a range of sectors that are engaged in outsourcing and asset sales, including finance, IT, catering, property, manufacturing and professional services. He has also handled TUPE issues in various areas of the public sector such as education and health. He has recently been involved in a number of contentious TUPE cases involving disputes between outgoing and incoming contractors as well as between employers and employees.

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

12.30pm Lunch

1.15pm What transfers: The rights and liabilities of employees
Catrina Smith, Norton Rose Fulbright LLP

Catrina focuses on all aspects of employment law, including corporate transactions, discrimination issues and the full spectrum of contentious and non-contentious work. She also advises on corporate governance and remuneration issues and executive appointments and terminations. Much of her work has an international angle. She has particular experience in handling highly sensitive and confidential matters affecting employers.

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

2.45pm Tea/Coffee

3.00pm Employers’ duties to inform and consult
Julian Parry, Beers 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

4.00pm Comfort break

4.10pm 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

5.10pm Close of day one

Day Two – Tuesday 6 June

Speakers: Jonathan Hearn, DLA Piper UK LLP, Christine Young and Nick Wright, Herbert Smith Freehills LLP
Chair: Patrick Brodie, RPC LLP
Building on the black letter law covered on day one, the speakers will, when covering the commercial aspects which apply in a business and an outsourcing, refer to the core six 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

Throughout the day, the speakers will cover, through practical talks and case studies:

  • 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 the day

9.30am    Registration and coffee
10.00am  Sessions (Tea/coffee break at around 11.00am)
1.00pm    Lunch
2.00pm   Sessions (Tea/coffee break at around 3.15pm)
5.00pm   Close of course