TUPE in the Context of Outsourcing - Sharpen Your Knowledge

Introduction

Outsourcing services, bringing them back in-house, or changing service providers are critical commercial decisions designed to improve efficiency and reduce costs. However, these transitions are heavily regulated by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

Failing to properly manage a TUPE transfer can transform a cost-saving initiative into a costly legal problem.

Many professional advisers regularly negotiate contracts either on behalf of suppliers or clients that often involve complicated arrangements on the division of employment liabilities between the parties.

Aimed at in-house and private practice lawyers, this virtual classroom seminar will explore common issues raised when negotiating TUPE clauses.

Presented by Chris Mallon, Barrister at Deans Court Chambers, this session offers an in-depth look at the law and principles around TUPE to give practitioners added confidence in advising clients.

What You Will Learn

This live and interactive course will cover the following:

• A reminder of the main provisions of TUPE:
• Different types of outsourcing situation
• When might TUPE apply? Emphasis will be on proving clarity on ‘organised groupings’ and the ‘fundamentally the same’ tests
• When might it not apply? Emphasis will be on the thorny but important topic of fragmentation
• What and who transfers?
• What information must be disclosed in relation to the transferring employees?
• What are the parties’ obligations in relation to information and consultation?
• Dismissals and resignations
• Changing employment terms
• Conduct of tribunal claims

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.