Fully Booked - TUPE Update: the Key TUPE developments over the past 12 months.

Speaker(s): James A. Cox is an employment partner in the London office of Gibson Dunn. He has extensive experience in contentious and non-contentious labor and employment matters, with an emphasis on cross-border employment issues, collective labor and industrial disputes, redundancies and workforce restructurings, ARD/TUPE, the employment aspects of public and private mergers and acquisitions and outsourcing arrangements, corporate governance matters, boardroom appointments and removals, contractor and directorship matters, employment issues facing private equity companies, whistle-blowing, equal pay and other discrimination claims, worker consultation, enforcing and resisting post-employment restrictive covenants, and protecting confidential information from misuse by current and former employees. James is recommended as one of the leading lawyers in London for Employment law in the 2007-2011 annual editions of Chambers and Partners UK and has been interviewed on matters relating to employment law on television and radio. He has also been quoted in The Times, The Sunday Times and Financial Times newspapers on employment law issues and lectures regularly on behalf of the Employment Lawyers Association and at commercial conferences.

Daniel E. Pollard, an employment lawyer in the London office of Gibson Dunn, specialises in all aspects of English law relating to Employment, Employee Incentives and Data Privacy. His practice includes contentious, non-contentious and general advisory work. He counsels clients on a broad range of employment- related issues including coordinating pan European advice projects, successfully defending numerous unfair dismissal cases in the employment tribunal and working as part of a team advising on high value discrimination claims. In addition, Daniel has extensive experience providing specialist employment advice on a range of corporate transactions, including TUPE related issues-. He also counsels multinational clients on issues relating to the use and transfer of employment and other personal data. Daniel has spoken at a number of employment law seminars, including for the CIPD and commercial conference providers.

Event details:

James Cox and Daniel Pollard of Gibson, Dunn and Crutcher will discuss the developments in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The session will include bite sized summaries of each of the “need to know” cases in the last 12 months or so (up to June 2012). This event follows on from the popular TUPE Update Sessions given by Gibson Dunn in November 2011 and December 2011.

As the session will be bang up to date the topics to be covered have not been finalized at the time of going to press. The session will include:

1. Reform of TUPE
2. Do the TUPE outsourcing rules apply when the service alters? (Nottinghamshire NHS Trust v Hamshaw)
3. Automatic unfair dismissal before transfer (Spaceright Europe Ltd v Baillavoine)
4. When are changes to terms and conditions connected with TUPE? (Enterprise Managed Services v Dance and Smith v Brooklands College)
5. Is a change in location to an employee’s detriment? (Tapere v South London and Maudsley NHS Trust)
6. Changes to industry collective agreements after the transfer (Parkwood Leisure Ltd v Alemo-Herron)
7. Transfers by non-contractual employers (Albron Catering BV v FNV Bondgenoten)
8. Pay based on length of service (Scattolon)
9. Does TUPE provide a defence to equal pay claims? (Skills Development Scotland v Buchanan)

Note: This session assumes a basic familiarity with TUPE and employment law concepts. For those who are new to TUPE or wish to refresh their knowledge with a general overview, the same speakers will be presenting a “TUPE Masterclass for Beginners” on 23 April 2012.

For more information:

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