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TUPE across Europe: staff transfers in multiple jurisdictions

Who should attend

This course is aimed at in-house lawyers and HR professionals who deal with staff transfers in international corporate transactions and outsourcing.

Synopsis

Under the European Acquired Rights Directive, employees sometimes transfer automatically from one employer to another. It is tempting to think that the rules that apply will be the same across Europe, but because Member States implement their legislation differently, this is far from true. This assumption can have costly consequences for business.

If an employer assumes that occupational pension liabilities do not transfer or that, on termination of a service contrat, employees that transferred in will transfer out again, they may find themselves with significant and unexpected financial liabilities or surplus staff. This course will help you navigate the nuances of domestic versions of TUPE to ensure that commercial contracts appropriately manage employee liabilities, costs and risks.

Programme

09:00 registration and coffee, 09:30 start

The Aquired Rights Directive: the basic framework

  • definition of transfer in the ARD
  • ECJ case law
  • UK and EU divergence?

When do automatic transfer rules apply?

  • different business scenarios
  • variations by country
  • cross-border transfers

Who and what transfers

  • who is an employee
  • what rights and liabilities transfer
  • the pensions exception
  • the challenge of benefit matching

Information and consultation requirements

  • when do they arise
  • who is the counterpart
  • consequences of failure to comply

Dealing with TUPE in the corporate or commercial contract

  • contracting out of TUPE?
  • risk allocation
  • stand-still provisions in contracts for services

16:30 close

Download the full TUPE across Europe programme.

 

Cost: £499

All prices are exclusive of VAT

Group discount:

10% discount for delegate 2 and subsequent delegates.

Online payment discount: 10%

Select a date

06/05/2020
London
09:30 - 16:30 (Local time)
Book this course
24/06/2020
Paris
09:30 - 16:30 (Local time)
Book this course

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