TUPE update - What leaves, remains

Who should attend

This course assumes knowledge of the TUPE Regulations. It is aimed at in-house lawyers, managers, HR and specialists, and those with responsibility for outsourcing. It is not suitable for those new to TUPE.

Synopsis

Significant new judgements on TUPE itself are fewer in number, but developments in other areas of law, including GDPR and immigration, and in the ways employers organise their operations continue to give rise to new TUPE-related challenges.

Employers acquiring employees under TUPE must consider the type and volume of employee data that they acquire, and how they use it. New immigration rules raise employer concerns about whether EU nationals, working in a transferring business, can lawfully work in the UK and to what extent they can rely on checks undertaken by the outgoing employer. A 2017 case gave guidance on whether TUPE applies to “off-shoring” of activities within the EU or further afield. It is not clear yet what Brexit will mean for TUPE law and its application, but it still makes sense to build flexibility into contracts. Led by experts this update assumes basic knowledge of TUPE.

Programme

9.00am registration and coffee, 9.30am start

Current issues impacting on transfers

• new GDPR issues
• when will a change in the way a service is undertaken cause TUPE not to apply, and who picks up the costs/ liabilities if it does not?
• impact of a change in work location (within the UK
• or outside) on whether TUPE applies
• when can an employee choose between agreeing
• to transfer and taking a redundancy payment?
• can a new employer force the outgoing employer
• to dismiss an employee because of difficulties in
• a working relationship, which the transferee does
• not wish to inherit?
• if a reorganisation involves a TUPE transfer, can an employee use it as an opportunity to escape from
• garden leave or restrictive covenants?
• how do recent changes to pensions auto-enrolment affect transfer situations?
• does the new employer have to re-do checks on immigration status and criminal records, or can it
• rely on what the transferor did pre-transfer?
• does TUPE always apply when the old employer
• is insolvent?

Perennial problems and practical tips

• when does a set of employees amount to an “organised grouping”, and how do you determine who is in scope and who is out?
• how do you treat benefits which are hard to replicate, such as staff discount schemes, car parking, share options and club memberships?
• can a settlement agreement waive TUPE rights, and does it have to be signed by both employers?
• if the transferor agrees to retain an employee who would otherwise transfer, how is that recorded?
• if you are making post-transfer redundancies, when is it legitimate to “target” only transferred-in staff, leaving others unaffected?

4.30pm close 

Download the full TUPE update What leaves, remains or transfers? -training course programme