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Advanced TUPE training

Who should attend

This Advanced TUPE training 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

TUPE does not have to be difficult if it is properly planned and staff are trained about their role. Whether you are facing an outsourcing, an acquisition or a sale, a plan needs to be put in place by a dedicated team, and a process followed. This course assumes knowledge of TUPE. It is for in-house lawyers, HR and procurement professionals who have to balance commercial realities with legal liability at every stage.

We consider a growing trend to seek value rather than lowest cost and the benefits of careful follow through after a business change.

Programme

9.00am registration and coffee, 09:30 start

Understanding the purpose of the transfer

  • why is this happening: including new service delivery models, unexpected termination
  • what could go wrong: misunderstanding business objectives, silo mentality, inadequate due diligence, delay, non-compliance
  • planning: agreeing objectives involving the right people at the right time, communication pre and post-change

Identifying legal and practical considerations

  • existing/proposed commercial agreements?
  • does TUPE apply and to whom?
  • inheriting enhanced contractual terms, severance costs and pensions
  • impact on workforce?: retention, redundancy, recruitment?

Preparation, preparation, preparation

  • procurement issues in the bidding process
  • collecting and sharing staff data
  • timing issues: consultation, implementation timetable
  • pre-transfer redundancy consultation?
  • extent of warranties/indemnities
  • what happens on exit in outsourcing?

Delivering the transfer and evaluating success

  • providing and interrogating ELI
  • keeping progress under review
  • redundancy consultation process
  • integration and driving contractual change

Risk

  • supply chain: ethical/reputation issues, pay (NMW arrears and financial penalty now transfer)
  • immigration considerations
  • data sharing: employee information
  • phased transfers

4.30pm close 

Download the full Advanced TUPE training course programme.

TUPE update law training