Events


TUPE Update 2010

TUPE Update 2010

Cost:

See Below

Location:

Belfast

Start Date:

12 October 2010

End Date:

12 October 2010

Event Email Reminder

Half Day

THIS EVENT HAS NOW SOLD OUT! To register your interest in a repeat of this event, please email vanessa@legal-island.com This seminar brings together two of the most TUPE-experienced lawyers in Northern Ireland, Roger Watts and Adam Brett, who will cover the main developments in transfers of undertakings since the ‘new’ Regulations were introduced in 2006. A reasonable understanding of general TUPE concepts and terminology is required of course participants.

Description

This course is not suitable for those who are new to the complex world of TUPE. Delegates will leave with a much greater understanding of recent TUPE case law developments, provided they already have some understanding of how the law should operate. Practical advice on how to best protect your organisation in TUPE situations will also be provided, along with comprehensive notes.

We are pleased to announce that Professor John McMullen, a Partner in the GB law firm Short Richardson & Forth LLP and Visiting Professor of Law at Durham University, has agreed to speak at the TUPE Update seminar on 12 October. Professor McMullen will join NI speakers, Adam Brett of McGrigors and Roger Watts of C&J Black, who are running the event in association with Legal-Island.

John is regarded as the leading expert in the UK on the Transfer of Undertakings and he also has an international reputation in that field. He is the author of ‘Business Transfers and Employee Rights’, the leading work on transfers of undertakings. LexisNexis will offer 20% discount on the book to delegates.

As well as being a writer and commentator on Mergers and Acquisitions and out-sourcing he advises the public and private sectors on the subject of staff transfers. This includes wide experience in mergers and acquisitions, out-sourcing, franchising and complex re-structuring.

Why this event?

The ‘new’ Transfer Regulations (and accompanying rules in Northern Ireland on service provision changes) were introduced in 2006. Since then we are now seeing how these major changes in TUPE law have been interpreted by the courts.  Our speakers McGrigors and C&J Black Solicitors advise their clients on their importance for their organisations, whether they are in the private, public or voluntary sector. Employers and their advisors need to know how the Regulations operate and are developing, or they will face major legal problems and unanticipated liabilities and costs.

What are the learning outcomes?

Our speakers are two of the most TUPE-experienced lawyers in Northern Ireland, who will cover the main developments in transfers of undertakings since the ‘new’ Regulations were introduced in 2006. They will use case law and their own experiences in advising their clients to bring you up to date with the law on transfers. Comprehensive notes will be provided for later study and reference.

Event Programme:

This seminar covers four main areas in TUPE development:

·        Service Provision Changes – including what is an SPC and warranties and indemnities

·        Insolvency– including variation of terms and conditions and who pays redundancy and other insolvency requirements

·        Information and Consultation – including who and on what you must consult, employee liability information, and calculation of cost and of any protective award

·        Miscellaneous Provisions – including equal pay claims and limitation periods, the RPA, Public Sector -TUPE situations and exemptions from TUPE principles

Session Time Session Title and Description
9.30am

Service Provision Changes – One of the most active areas of TUPE law since 2006 has been in contracting out of services and tendering requirements. This session focuses on case law developments and practical lessons concerning:

  • Recent cases on what is an SPC
  • Warranties and indemnities
  • The tendering process – what to watch out for
10.15am

Insolvency– Special provisions (and get-out clauses) relate to TUPE transfers where an organisation is insolvent. This session focuses on case law developments and practical lessons concerning:

  • Variation of terms and conditions
  • Who pays redundancy and other insolvency requirements?
  • Timing Issues
  • Notice and negotiations
11am Networking and Refreshments
11.30am

Information and Consultation – Few areas of employment law can cost as much as failures to properly consult under the TUPE provisions. This session focuses on case law developments and practical lessons concerning:

  • Who and on what must you consult
  • Employee liability information
  • Calculation of cost
  • The protective award
12.15pm

Miscellaneous Provisions – The Transfer and Service Provision Change Regulations are a minefield waiting to endanger any unsuspecting employer (or their HR, legal or financial representatives). Case law is constantly throwing up surprises and this session focuses on a number of case law developments and practical lessons concerning the unusual and less well-known aspects of TUPE, such as:

  • The post transfer position of collective agreements
  • Equal pay claims and limitation periods
  • The often-overlooked TUPE situations
  • Exemptions from TUPE principles
  • TUPE in the public sector
1pm Close

 

Who should attend?

This event is for employers and their representatives (including HR professionals, lawyers and insolvency practitioners). However, an existing reasonable understanding of general TUPE concepts and terminology is required of course participants.

This course is not suitable for those who are new to the complex world of TUPE. Delegates will leave with a much greater understanding of TUPE case law developments, provided they already have some understanding of how the law should operate.

Date & Duration: 12 October 2010, 9.30am-1.00 pm

Location: Hilton Hotel, Waterfront, Belfast

Cost:

Standard Rate: £165+VAT ~ Charity Rate: £125+VAT

All organisations with fewer than 50 employees or registered charities (registered at the time of booking) qualify for the Charity Rate. The number of employees includes all branches, subsidiary/parent companies, boards, trusts and federated organisations.

Save an additional £20 if you book and pay online.

How to Book:

Book and Pay Online: Each event page has a link to the booking form at the top. Just fill in the form and click 'Continue'. You can pay by credit card and your details will be sent to us. Confirmation of your booking will be sent to you by email.

Reserve Online - Alternatively, if you require an invoice before paying you can reserve a place online. To reserve a place online click here.

Trainers & Speakers:

Roger Watts, Partner, C&J Black Solicitors

Roger has advised employers on all aspects of TUPE for over 25 years in terms of managing commercial transitions and has presented cases for both employers and employees before Industrial Tribunals.  His TUPE experience extends across the private, public and voluntary sectors.  He was a part-time Chairman of Industrial Tribunals from 1994-97.

Adam Brett, Partner, McGrigors Solicitors

Adam jointly heads up the firm's Litigation Department. His principal area of work is in Employment and Discrimination law. He spends about half his time on contentious matters in Court/Tribunals and half on non-contentious Employment law, such as developing policies, advising on TUPE, EQIA etc. The contentious work includes High Court applications for injunctions, formal investigations by the Equality Commission etc. Adam also advises on High Court matters such as partnership disputes, shareholder disputes, injunctive relief and IP cases.

John McMullen - Short Richardson & Forth LLP

John is a Partner in the UK law firm Short Richardson & Forth LLP and Professor of Labour Law at the University of Leeds. He has over 25 years of experience in employment law and is noted as being both a strategic thinker and leader in his field as well as being a practical hands-on lawyer. By peer acclaim he is one of the leading lawyers in the UK with national and international reputation. Legal 500 has described John as “one of the country’s highest profile employment lawyers” and Chambers & Partners Guide to the Legal Profession stated that John “inspires tremendous confidence”.

John is regarded as the leading expert in the UK on Transfer of Undertakings and he also has an international reputation in that field. He is the author of Business Transfers and Employee Rights, the leading work on transfers which also contains a chapter on transfer law and practice in Ireland. As well as being a writer and commentator on Mergers and Acquisitions and out-sourcing he advises the public and private sectors on the subject of staff transfers. This includes wide experience in mergers and acquisitions, out-sourcing, franchising and complex re-structuring.

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