TUPE Transfers involving the Public Sector

31 OCT 2017
9:30 AM - 4:30 PM GMT
DLA Piper UK LLP
1 St. Peter's Square
Manchester
M2 3DE
United Kingdom
£489 plus VAT (Second delegate £350 plus VAT, third delegate £300 plus VAT)

Designed for

HR and Personnel Professionals, Operational and Line Managers, Employee Relations Advisors, Equality Advisors, in-house lawyers.

Overview

This course focuses on TUPE issues affecting the public sector, and those bidding for or delivering public sector work. It is led by lawyers who day-to-day advise national and local public bodies and private-sector providers about TUPE issues in outsourcing projects.

TUPE is of key importance to the public sector and those involved in public sector outsourcing. With the reforms to ''Fair Deal" making fundamental changes to the pension issues in public sector outsourcing and recent changes to TUPE law, as well as the earlier withdrawal of the Code of Practice on Workforce Matters in England, the Government hoped to encourage more SMEs, mutual, co-operatives, charities and social enterprises to enter the public sector market.

Failure to comply with TUPE, or missing a TUPE tactic deployed by another party involved can be extremely costly as well as having a detrimental effect on workforce morale. So it is imperative that anyone involved in TUPE related issues should be totally up to date.

Programme

  • Overview of the law
  • Focus on outsourcing from the public sector
  • Overview and detail of the Government reforms of TUPE
  • When does TUPE apply?
  • Who and what transfers: Who's an employee?; Employees' legal rights that must be honoured by the new employer; The legal right to object to transferring
  • Pensions: Special cabinet office rules about public sector transfers; Reform and New "Fair Deal"; The PCSPS; The LIPS; The role of GAD, the Government Actuary's Department
  • Employment liabilities inherited by the new employer
  • Which employer is liable for dismissals?: Unfair dismissal; Constructive dismissal; Special protection against dismissals in TUPE transfers
  • Consultation and information: Unionised workforces
  • If the old employer legally recognises a trade union, does the recognition transfer?
  • Pre and post transfer redundancy %.
  • Varying employment contracts after a transfer
  • Useful protection to include in the contract between the parties - and how to negotiate
  • Exit provisions in outsourcing contracts
  • HR issues in TUPE transfers
  • The Retention of Employment Model - does it still work in light of recent case-law?
  • Information to be provided by the transferor
  • Tactics when inviting tenders
  • Tactics when bidding in reply to tenders
  • Tactics for the incumbent provider, when re-bidding
  • Practical considerations and managing transfers
  • Other Cabinet Office guidance
  • Best Value