introduction to tupe
DESCRIPTION
An introduction to the main TUPE issuesTRANSCRIPT
Introduction to TUPE
Wednesday 16th May 2012
Stephen Jenkins, Partner
TUPE 2006
• “Relevant transfer”• Business transfer• Service provision change
Business transfers• Economic entity• Can be “not for profit”• Transfer of control• Retention of identity• Factors – “Spijkers”
“Spijkers” shopping list
• Assets• Customers• Goodwill• Employees• Degree of similarity• Degree of interruptionWhat about labour-intensive industries?
Service provision changes
• Activities on behalf of client• Cessation of those activities• Continuation by another party
Service provision changes
• Organised grouping of employees• Not for the supply of goods for the client’s use• Not single event or task of short-term duration• Activities must be broadly or essentially the same
The Public Sector dimension • Code of Practice• “Fair deal” for pensions• Welsh Government Directive
Impact of TUPE• Assigned employees• Transfer of terms and conditions• Continuity of employment• Pensions• Collective agreements
Dismissals?• Automatically unfair unless for ETO reason
entailing changes in the workforce
Variations?• Void unless for ETO reason entailing changes in
the workforce
Consultation obligations• Transferee to provide information on “measures”• Provision of information to affected employees• Consultation with appropriate representatives• Liability for failure to consult
Employee liability information• Transferor to provide 14 days before transfer or
as soon as practicable• Liability for failure to provide
Cardiff Derby Nottingham
Thank You
