PROGRAMME

When does TUPE apply?

• the TUPE Regulations 2006
• distinguishing between share acquisition and business transfers
• relevant factors to be taken into account
• the position of outsourcing and service transfers
• recent cases

Who is covered?

• who transfers by TUPE
• individuals employed by third parties
• the right to object to a transfer
• practical considerations

What is transferred?

• rights and liabilities which transfer
• liabilities that do not transfer
• bonuses and other benefits
• restrictive covenants
• new rules for occupational pension schemes

The duty to inform and consult appropriate representatives

• key TUPE provisions on collective rights
• information to be provided
• timing and practical considerations
• identifying ‘measures’ which are envisaged
• employee representatives
• what does consultation involve?
• the remedy for failure to inform and consult

Dismissals

• legal implications
• automatically unfair dismissal
• the ETO defence
• practical considerations

Changing terms and conditions

• legal implications
• ETO reasons
• practical considerations

Managing the change process – communication and the media.