Croner Training

Employment & HR

TUPE law and practice

Date	18 September 2008
Duration	1 Day
Price	GBP 649 + VAT Membership Price: 324.5 + VAT
Location	London
Venue	Kensington Close Hotel
Registration	9.00-9.30
Close of Seminar	5.00
Our code	26716
Also held on	21 April 2010, London 21 September 2010, London

• Why you should attend this seminar
• Who should attend?
• Key benefits
• Programme
• Speaker
• Quotes from past delegates
• In-house training
• Are you a Croner publications subscriber?
• A total compliance solution
• Outsourcing and event management service

Why you should attend this seminar

The law in relation to TUPE is a rapidly changing area which affects most, if not all, businesses. Attending this seminar will help you avoid, or minimise, potential liability for unfair dismissal and redundancy payments, as well as claims for breach of contract and unlawful deductions. This seminar will explain the latest case law, the legal effects of a transfer, contracting-out, changing employees' terms and conditions of employment and the proposed changes to the TUPE regulations.

Just one day out of the office will give you the peace of mind that you are ready to deal with transfer situations and the confidence that you won't get caught out.

Who should attend?

• Personnel officers and managers
• HR officers and managers
• In-house lawyers who are responsible for company acquisitions

Key benefits

This course will help you:

1. Identify when the Transfer Regulations apply
2. Assess risks and strategies when changing contracts of employment
3. Recognise the need to investigate the implications and costs of TUPE when purchasing businesses
4. Avoid or minimise potential liability for unfair dismissal and redundancy payments
5. Identify and implement employee information and consultation obligations
6. Identify which areas require protection through contractual disclosures and indemnities

Programme

1 Introduction

• Key elements of TUPE 2006
• History and developments

2 When does TUPE apply?

• Identifying what a TUPE transfer is
• What is a service provision change?
• Contracting out, contracting in and second generationtransfers under TUPE 2006
• Case study in off-shoring situation

3 Who transfers?

• Assignment issues
• What if an employee spends only part of their time in the part of the business being tranferred?
• Can a transferee prevent employees transferring e.g. by staff switching?
• Can a transferee refuse to take on employees?
• Scenario acquiring part of a business

4 The effects of TUPE – what are the effects on:

• Terms and conditions of employment
• Restrictive covenants
• Profit shares, bonuses and share options
• Pensions
• Collective agreements
• Other liabilities
• TUPE plus and extra protections in public authority situations

5 Dismissals under TUPE – where is the employer protected?

• Unfair dismissal in TUPE situations
• Automatically unfair dismissal
• Changes or dismissals connected to the transfer
• Is there an economic, technical or organisational reason (ETO)?

6 Changing the contract of employment

• Achieving change by consent?
• “ETO” reasons for change
• Are changes connected with a transfer?
• What is a "material detriment" and why is it important?

7 Duty to inform and consult

• When are these duties triggered?
• Who has what duty?
• Special circumstances defence
• How will data be protected during a transfer?
• Informing of “measures“

8 Employee liability information

• What information must be given?
• When?
• What is the penalty?
• Common practical mistakes

9 New developments

• How tribunals have interpreted the new regulations – case law update
• Which areas are causing problems in practice

Speaker

Paula Rome is an associate at Shoosmiths Thames Valley. In addition to advising companies and individuals on various aspects of employment law she offers training to a wide range of organisations on employment law and its practical implications. Paula qualified in 1993 and practiced for 5 years before making the move to become a full time trainer. In 2006 Paula returned to practicing as a solicitor. Paula is a frequent article writer and speaker at employment law conferences. She is also a contributing author of Croner’s “Managing Equality and Diversity” and “Managing the Internationally Mobile Employee”. Paula also co-authored “Reviewing and Changing Contracts of Employment”.

Quotes from past delegates

q “ Clear delivery – answered all questions. Very useful” Angela Hollister, Sussex Police

q “ Great speaker, informative and entertaining” Nicola Langley, Ecovertfm

In-house training

This seminar can be presented exclusively for your organisation on an in-house basis. You can:

• Have the programme designed for your specific needs
• Choose your preferred date and location
• Save on staff travel, time and accommodation costs
• Maximise the impact of the training by putting an entire team through the same programme

For more information about this service - and a no-obligation quotation - please call the in-house team on 0207 960 5677 or e-mail incompany@cronertraining.co.uk

Are you a Croner publications subscriber?

If so then you are entitled to an additional 5% discount on your booking. Simply enter your Croner BP number on our online booking form to qualify (offer applies to online bookings only).

If you are interested in subscribing to any Croner title and receiving this and other benefits then call 020 8547 3333 for more information.

A total compliance solution

Whether you’re an HR professional in a multi-national, managing personnel issues in a medium-sized organisation or running a small business we have the HR information you need to get the most out of your staff and comply with the law. From consultancy, and comprehensive online information services to books we have you covered. Simply visit www.croner.co.uk for more information.

Outsourcing and event management service

Kaplan Hawksmere has over 10 years experience in running outsourced and managed training contracts both in the private and public sectors. Our highly skilled team will work with you to effectively manage your events, conferences and training programmes to maximise delegate numbers and revenue and to deliver significant benefits including:

• Financial returns – possible increased revenues or cost reductions
• Risk reduction
• High delivery standards and customer satisfaction
• Flexibility to work with your own teams or independently
• Greater market exposure
• Low cost, exceptional responsive market research

If you would like any further information on this service please contact Neil Vincent on 020 7960 5677 or e-mail neil.vincent@kaplan.co.uk

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