There are many challenges that those dealing with outsourcing and business transfers face and this course will look at these challenges in detail.

This course covers in detail TUPE law and reflects on the changes made to the regulations in recent years. The course also looks at the practical issues such regulations throw up, and addresses the
need to ensure that you are protecting your business accordingly.

Human resource professionals, personnel directors and managers, industrial relations advisers, general managers, employee relations advisers and in-house lawyers.

TUPE: when it applies

• Acquired Rights Directive
• Who is protected?
• What is an 'undertaking'?
• Commercial and non-commercial ventures

TUPE: Who and what transfers

• Who is 'assigned'?
• Which employees transfer?
• Right to object
• Pensions
• Transferor’s and transferee’s liabilities
• Constructive dismissal
• Consultation

Overview of TUPE Regulations

• Explanation of how these impact on your business
• Understand the requirements of the Regulations

Unfair dismissal

• Who can bring a claim?
• Automatic unfairness
• Economic technical or organisational (ETO) defence

Consultation and Information

• Latest developments on collective consultation
• Duty to disclose information
• Penalties of failing to consult
• Conducting an election

Pre and post transfer redundancy

• Who is liable?
• Changing work practices and job descriptions
• Changing locations
• Fair selection criteria

Variation of contract

• Constructive dismissal
• Reorganisation
• Agreed variations
• Are all variations void?
• The new ETO mechanism

Acquired Rights Directive

• Amending the Directive
• Implications
• The two-tier workforce code

HR Issues for TUPE transfers

• TUPE checklist
• How to improve profitability
• Public v private culture
• How effective communication can aid morale
• Contract retention
• Pension consultation
• Union issues
• Motivating staff

Commercial and practical issues

• Business transfers and outsourcing
• Striking the right bargain, risk and price
• Warranties and indemnities
• Staff transfer agreements
• Data protection issues in business transfers

Case studies

Throughout the day there will be hands-on practical examples of TUPE issues and situations. These will be led by the course leader giving delegates the opportunity to put into practice knowledge they have learnt throughout the day.

£489 +VAT. Multiple delegate discounts are available.

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TUPE_Tactics (1.2MB)