Legal Training and CPD Courses for Lawyers
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Solving TUPE Problems in 2015

This 5 hour course examines common issues which arise before, during and after a transaction to which the TUPE Regulations apply and how to deal with them. There will be a detailed look at recent case law including Tapere vs South London Maudsley NHS Trust, Hynd vs Armstrong, Dynamex Friction Ltd vs Amicus and Nationwide Building Society vs Benn and recent government proposals to amend the Regulations. The course is conducted as a workshop with a series of problems for the delegates to work through.

  • The basic rules - when is a dismissal connected with the transfer? Whose reason is relevant? Who is employed “immediately before the transfer”?
  • Reducing staff - how to make the business more attractive. What if the Transferee wants the transferor to dismiss potentially transferring employees?
  • Changing terms and conditions of employment following a TUPE transfer. How long after a transfer can terms be harmonised? ETO reasons.
  • Can I amend the terms and conditions? Employee co-operation- what are the options?
  • Whose ETO reason is relevant? Are unfair dismissals a nullity?
  • Constructive dismissal and dismissal because of substantial change in the employee's working conditions to his material detriment. Is dismissal unfair?
  • Which employer is responsible? Your employment is going to transfer but you will have to travel much further and the hours are less convenient. What are your rights?
  • Compromise Agreements. Can a potential TUPE claim be compromised?
  • Enforcing existing restrictive covenants and imposing new ones. If I have bought a business can I enforce restrictive covenants between the seller and an employee who has transferred?
  • Requirements to provide information. Obligations of transferor and transferee. Time Limits. The “not reasonably practicable” defence. The cost of getting it wrong.
  • Consultation. Who are affected employees? Appointing employee representatives. Consultation about what? The cost of getting it wrong.
  • Service Provision Changes. History. The 2006 Regulations. Recent cases.


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