IRS Conference:


Managing Successful TUPE Staff Transfers

10th February 2010, London

Latest News :

Wednesday 10 February 2010

8:30

Registration and coffee

9:15

Chair's opening remarks

Dr John McMullen , Partner, Short Richardson and Forth LLP
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
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
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

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


The organisers reserve the right to change the programme, speakers or venue should circumstances require.
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