TUPE – The Basics
TUPE is short for the Transfer of Undertakings (Protection of Employment) Regulations 2006. These regulations make sure that employees are protected in the event of a corporate restructure.
The first type of restructure that TUPE applies to is a “business transfer”. If one business buys another, it is required to take on the employees of the business being purchased. The new business can’t buy all the assets and leave the old employees behind.
The second type of restructure that can be affected by TUPE is where services are outsourced/insourced either for the first time or subsequent outsourcing/insourcing (service provision change). Based on similar principles, if a business has a group of employees who are specifically employed to provide a certain service to a client, the client can’t give the work to someone else, and leave the old employees with no more work.
TUPE either applies or it doesn’t. There is no element of choice. If TUPE is triggered, then certain obligations kick in for the “transferee” and the “transferor”. Failure to comply with these obligations is likely to lead both transferee and transferor facing employment tribunal claims.
TUPE is a long and fairly complicated piece of legislation, which stems from EU law. But the idea that TUPE will prevent a business from achieving its corporate aims is simply false. You just need to understand how to navigate the rules and take steps early on to comply with them. That’s what this module is for.
- what is TUPE
- business transfer
- service provision change
- duty to inform and consult
- getting it wrong
- TUPE “myths”
Half a day
Webinar or face-to-face lecture-style
You should come away with an understanding of when TUPE may apply. You should feel confident in being able to identify what may constitute a business transfer or a service provision change and accordingly, when it might be appropriate to engage with lawyers to develop strategy. You will also gain an understanding of the information and consultation requirements that may apply in the event of TUPE being relevant to your restructure.
Capital Academy’s employment modules are specifically designed with time-poor senior and HR managers in mind. The training is fast-paced and designed to build on existing knowledge. Module resources such as factsheets and infographics are supplied to help you to find answers quickly when time is of the essence. All our employment law training is delivered by qualified lawyers who will remain available to you after the delivery of the training, as a friendly face that knows your business, and who can deal with any follow up queries.