TUPE: The Law and Practice

This event is in the past
Date:
Tue, 14 May 2019
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:
Day one: 6; Day two: 5.5
Status:
Spaces Available
TUPE: The Law and Practice
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Tuesday 14 and Wednesday 15 May 2019

Times: 9.30am to 5.00pm

Fee
Cost for both days: £450 +VAT
Cost for one day: £225 + VAT
There is an early bird discount until 29 March 2019, a 50% discount for voluntary sector organisations, pupil barristers/barristers under 2 years call and 30% out of region discount.

Members may book for either day one or day two, as well as for the full two day course.
Please note this course is non-residential. The course fees do not include overnight accommodation.

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

Feedback from delegates who attended this course last year:

Overall an excellent and engaging course whether new to TUPE or reinforcing existing knowledge.
The course also had a great flow with each speaker clearly understanding what they were covering and what had been covered by the other speakers.
Very clear and detailed first day – laying foundations in detail at what TUPE actually is.

Programme

Day one

9.30am Registration and coffee

9.50am History, overview and recent reforms: TUPE in context
Patrick Brodie, RPC LLP

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

  • 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

  • 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

  • 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
Jonathan Carr, 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

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

Speakers:  Jonathan Hearn, DLA Piper UK LLP, Anna Henderson and Tim Leaver, 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