This interactive one-day course will provide you with the knowledge and skills you need when managing TUPE transfers. It will cover recognising when TUPE applies; and how you can manage an efficient and effective transfer in a sensitive way. We will start the day by looking at the legal framework and in detail at which employees transfer and what transfers with them. We will consider the practical implications TUPE has on a business during and following a transfer and explore the communication and consultation necessary to ensure a smooth transition.
By the end of this Managing TUPE Transfers workshop delegates will be able to:
• Describe the legal framework provided by TUPE and set out the practical implications for employers and affected employees
• Identify the key milestones involved in a transfer of service to which TUPE applies
• Show an understanding of the requirements for informing and consulting
• Plan for the management of a project by identifying the key milestones, risks and stakeholders
The Business Case for TUPE
• When does TUPE apply?
The Legal Framework
• What TUPE is looking to achieve and how does it do it?
• The obligations of the transferor and transferee
• Who and what transfers?
• ‘Affected’ and ‘transferring’ employees
• When employees don’t want to transfer
• When employees think something different applies to them
• When changes are needed
• Roles, number of people and locations
• Completing and supplying due diligence and ‘employee liability information’
The commercial context
• The potential to negotiate
• Indemnities and warranties
• Future planning – planning for exit from a contract in an outsourcing situation
Walking in the transferee’s shoes
• Engaging with the employees
• Going through the change curve
• What will the employees want to know?
Information and consultation
• What information needs to be supplied?
• Timeframes for information and consultation
• What are ‘measures’ and how to consult about them
• The role of the employee representative in TUPE
• Electing representatives and engaging with recognised trade unions
• Planning a consultation process
Avoiding getting it wrong
• Avoiding the ‘common mistakes’