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What will I get out of it – what will be the learning outcomes?
Our speakers, Roger Watts, partner at C&J Black and Adam Brett, partner at Pinsent Masons LLP, are two of the most TUPE-experienced lawyers in Northern Ireland, and will cover the main areas of concern and other developments in transfers of undertakings since the Regulations were introduced.
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.
To emphasise the messages in the presentations, each section will conclude with a practical group exercise, designed to reinforce your learning and aid understanding of this most complex area of employment law.
Course overview
This seminar covers four main areas in TUPE development:
- Service Provision Changes – including what an SPC is and warranties and indemnities
- Information and Consultation – including who and on what you must consult, employee liability information, and calculation of cost of any protective award
- Insolvency– including variation of terms and conditions and who pays redundancy and other insolvency requirements
- Miscellaneous Provisions – including equal pay claims and limitation periods, the RPA, Public Sector -TUPE situations and exemptions from TUPE principles
Event Programme
| 9.20am |
Introduction
How the mix of presentations, exercises and Q&A will work throughout the day. |
| 9.30am |
Service Provision Changes
One of the most active areas of TUPE law is the contracting out of services and associated 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
- Key HR functions/information when changing contractor
Speaker: Adam Brett
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| 10.15am |
Exercise
Working in groups, analyse a service tendering situation and identify major areas of concern. What are the most important warranties and indemnities that the parties should seek? How might these vary in the public and private sectors? |
| 10.45am |
Break & Networking |
| 11.15am |
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
- Key HR functions/information during information and consultation process
Speaker: Adam Brett
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| 12.30pm |
Exercise
Working in groups, analyse an example of a ‘collective’ transfer of 150 employees. When and how should consultation take place? How might the transferor and transferee organisations ensure compliance with employee liability information requirements? What are the likely costs of failing to comply in this specific example? |
| 1pm |
Lunch & Networking |
| 2pm |
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
- Key HR functions/information when business is insolvent
Speaker: Roger Watts
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| 2.30pm |
Exercise
Working in groups, analyse a ‘forced’ merger which has resulted from the insolvency of the transferor organisation. How might the minor ‘partner’ and transferred employees influence matters? Who should be made redundant (and when) and how might reductions in Ts & Cs be lawfully effected, if at all? |
| 3pm |
Break & Networking |
| 3.15pm |
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
- ETO defences
- HR guide to piloting a successful TUPE deal
Speaker: Roger Watts
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| 4pm |
Exercise
Working in groups, answer our 20 True/False questions on TUPE and Mergers |
| 4.15pm |
Final Q&A and Action Plans |
| 4.30pm |
Close |
Who should attend?
This event is aimed at employers and their representatives (including HR professionals, lawyers and insolvency practitioners). Delegates will leave with a much greater understanding of TUPE case law developments.
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Duration ~ Date ~ Location
Full Day Legal Event: 9.20am - 4.30pm
Thursday 17th May 2012
Legal-Island Training Centre, Antrim
Cost:
Standard Rate: £450 + VAT
Charity/SME Rate: £345 + VAT
Save an additional £20 if you book and pay online!
All organisations with fewer than 50 employees or registered charities (registered at the time of booking) qualify for the Charity/SME Rate.
How to Book
Book & 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 & Pay by Invoice: Alternatively, if you require an invoice before paying you can reserve a place online.
For all multiple credit card bookings please telephone Legal-Island on 028 9446 3888.
Speakers & Facilitators:
Roger Watts, Partner, C&J Black Solicitors
Adam Brett, Partner, Pinsent Masons LLP
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