TUPE - 2026 Virtual Conference

Introduction

Chaired by Betsan Criddle, this conference brings together a series of focused, practitioner led sessions designed to help advisers navigate the most challenging TUPE issues emerging in 2026. The programme blends technical analysis with recent case developments and commercially grounded insight, covering everything from identifying relevant transfers in complex organisational structures to managing outsourcing exercises and addressing the risks associated with post transfer variations and equal pay. With a strong emphasis on practical application, the event equips delegates with the clarity and confidence needed to advise effectively in a fast evolving area of employment law.

Conference Agenda

This live and interactive 4 hour conference will cover the following:

10:30am-11:30am: Outsourcing, Insourcing, and Reorganisations: Is it a Relevant Transfer at All?

Betsan Criddle, Barrister, Old Square Chambers

This session will consider the complicated issues that can arise in deciding whether there has been a relevant transfer at all. The session will consider recent case law including Bicknell v NHS Nottingham and Nottinghamshire ICB and Mansfield Care Ltd v Newman to understand the relevant factors in difficult cases to assist in advising clients.

At the end of the session, you will have an understanding of:

• The key factors that determine the existence of a relevant transfer
• The questions that need to be asked in identifying whether there has been a relevant transfer
• The practical considerations that arise for clients in atypical situations

Morning Break

11:40pm-12:40pm: TUPE: A Review of Relevant Cases Over the Last 18 Months

Anne-Marie Boyle, Partner & Co-Head of Bristol Office

This talk will look in detail at key authorities in this area from the last 18 months including London United Busways Ltd v De Marchi, ABC v Huntercombe Ltd and Mach Recruitment Ltd v Oliveira.

The talk will focus on the practical outcomes for practitioners from these cases and you will come away fully updated on recent developments in the law.

Break for lunch

1:40-2:40pm: TUPE Support on Outsourcing - A Practical Approach

Harry Parker, Partner & Co-Head of Bristol Office

This session is less about TUPE law and more about the commercial and practical TUPE issues which inform the strategy and drafting.

It’s about the questions to ask and the issues to discuss on the conference calls with the legal, commercial and procurement teams - and the other side.

The main focus is on re-contracting exercises from the customer’s perspective but the session also considers the ‘mirror perspective’ from the supplier side.

This session will help you advise (a) on TUPE risk/strategy and (b) negotiate TUPE terms to your client’s commercial advantage, on the range of key issues, including:

• Whether (if we ignore the law!) the client should apply TUPE at all
• Transferring staff - what terms to include and when to treat staff as transferring
• Entry risk allocation
• Redundancy costs - what scope?
• Exit terms - staffing information and staff standstill terms
• Exit risk allocation
• Evolving issues - part 1 (a) Govaerts/McTear; (b) agency workers; (c) workers
• Evolving issues - part 2 (a) redundancy costs on exit; (b) managed service or supply of personnel or both?

Afternoon break

2:55-3:55pm: TUPE, Equal Pay and Varying Employment Contracts: A Guide to the Pitfalls and a Look Ahead

Betsan Criddle, Barrister, Old Square Chambers

This session will look at the thorny issue of when, and in what circumstances, it is permissible to vary terms and conditions post transfer, often to remove generous pre-transfer entitlements, focussing in particular on the difficulties that may arise when inheriting potential equal pay liabilities. The session will also look ahead to the interplay between TUPE and the prospective changes made by the Employment Rights Act 2025 to render a dismissal for refusing to agree to changes to terms and conditions automatically unfair.

At the end of the session, you will have an understanding of:

• How to assess when variations can be made in a TUPE context
• The considerations that arise when inheriting potential equal pay liabilities
• The interplay between TUPE and automatically unfair dismissal for refusing to agree to changes to terms and conditions

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.