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TUPE Update: Commercial reality and politics

Who should attend

This course is suitable for delegates that have knowledge of the TUPE Regulations. It is aimed at in-house lawyers, managers and HR practitioners and consultants, and those with responsibility for outsourcing issues. It is not suitable for those who are completely new to TUPE.

Synopsis

Employers now have more opportunity to take pro-active steps to determine their preferred ‘TUPE outcome’. This course covers ways of minimising legal risk and cost, with case study illustrations. We also explain how recent developments, including the Taylor Review, GDPR and the National Living Wage, are influencing business sales and outsourcing and why, as a result of Brexit, many organisations are rewriting their outsourcing contracts.

Programme

Current issues impacting on business transfers

  • people on casual or zero hours contracts and gig workers: who is covered by TUPE, and what duties are owed to those who are not classed as employees?
  • how are increases in minimum wages impacting on decisions about outsourcing support services?
  • what duties do employers have regarding employee data in a business transfer? Will these duties alter when the GDPR comes into force, with potentially huge penalties for breaches?
  • how are changes in the immigration status of EU nationals affecting on the checks that a UK-based employer must make in respect of transferring staff?
  • do you need to ‘Brexit proof’ your commercial contracts to allow for the possibility of the TUPE rules changing, and/or the EU Acquired Rights Directive no longer applying?
  • will relocating business and staff outside the UK following Brexit engage TUPE issues, and if so how?
  • how do recent changes to criminal records checks affect the steps taken to ensure incoming staff are eligible for work in your organisation?

Perennial problems and practical tips

  • how do we know if a team of workers is an ‘organised grouping’ for the purpose of the service provision change legislation? When is that assessed, and who is in scope for transfer?
  • what options do we have if staff say they have no wish to transfer, when we have vacancies that can be offered to some of them?
  • what must we do if incoming staff are paid less than existing staff
  • who do the same work?
  • what are the practical ways of changing/harmonising terms of
  • employment after a transfer, and what are the risks?
  • how do indemnities and warranties allow us to shift liabilities in the TUPE context, and will doing so be seen as undermining the purpose of TUPE?
  • what additional obligations arise in a public sector transfer

Download the full TUPE update programme

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