| 8:30 |
Registration and coffee
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| 9:15 |
Chair's opening remarks
Dr John McMullen
, Partner, Short Richardson and Forth LLP
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| 9:25 |
Introductory overview and update on TUPE
- When does TUPE apply?
- The latest rules on outsourcing
- What the new cases say about outsourcing and TUPE
- Difficult issues such as secondment and atypical transactions
- An overview of exactly how TUPE 2006 works, as far as potential transfers
Dr John McMullen
, Partner, Short Richardson and Forth LLP
|
| 10:45 |
Refreshment break
|
| 11:05 |
TUPE and Pensions
- Application of TUPE to pension benefits: what transfers and what is excluded?
- Future service protection under the Pensions Act 2004
- Constructive dismissal issues relating to pensions
- Information and consultation requirements
- Additional public sector protection: overview of "Fair Deal"
Dawn Heath
, Senior Associate, Freshfields Bruckhaus Deringer LLP
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| 11:50 |
Case Study: TUPE in Practice - the transferee's story
- Our role in the TUPE transfer
- Working with the transferee’s HR department to facilitate a smooth transfer
- Pre-transfer due diligence – what is expected
- Harmonising terms and conditions
- Integration and assimilation
Mick Dillon
, HR Bid and Transition Manager, Outsourcing Services, Capgemini UK Plc
|
| 12:35 |
Lunch and networking
|
|
| 13:35 |
Harmonising and changing terms and conditions
- Changing employee terms and conditions; important case law
- New TUPE: making an ‘ETO’ defence against unfair dismissal, showing that it was for an economic, technical organisational reason
- Will the defence be effective and what is its scope
- Making redundancies and other measures post transfer
- Second, third and fourth generation TUPE – untangling the mess
Simon Jefferys
, Former Partner, CMS Cameron McKenna
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| 14:35 |
Working with Trade Unions throughout a TUPE transfer
- The PCS agenda on outsourcing and TUPE
- A PCS View - TUPE and Outsourcing in Central Government, Cabinet Office Code of Practice.
- Pre-transfer issues – what do unions want to know? Procurement, Engagement
- Post transfer – Setting the Framework , Harmonisation, Getting along
Wynne Parry
, Negotiations Officer, Commercial Sector, Public Commercial Service Union
|
| 15:10 |
Refreshment break
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| 15:25 |
Case Study: TUPE and Shared Services – the transferor’s story
- Our role in the TUPE transfer
- Ticking all the legal boxes
- Informing and communicating with staff – what is required by law and approaches we employed
- Supporting staff through a TUPE transfer - Managing employee expectations and concerns
- Coping with staff who do not wish to transfer
Alison Cowan
, Head of Human Resources, Bristan Group Ltd
|
| 16:10 |
Speaker Clinic - Advanced TUPE
Your chance to ask questions of Dr John McMullen and this afternoon’s speakers questions on some of the more advanced issues surrounding TUPE transfers.
- International and cross-border TUPE
- Managing 2nd or 3rd generation TUPE transactions
- Dismissals and TUPE
- Q&A
Dr John McMullen
, Partner, Short Richardson and Forth LLP
|
| 16:40 |
Summary and close
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