Legal Training and CPD Courses for Lawyers
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Solving TUPE Problems in 2018

This course examines common issues which arise before, during and after a transaction to which the TUPE Regulations apply and how to deal with them. The course is conducted as a workshop with a series of problems for the delegates to work through. It is vital to ensure that advice on TUPE is correct. The financial cost of mistakes is enormous.

The course addresses a number of recent decisions, including:


Ferreira da Silva v Estado português – recognising a transfer


Xerox Business Services Philippines Inc Ltd v Zeb – cross border implications

ICAP Management Services Limited v Berry – share sales

Born London Limited v Spire Production Services Limited – Employee Liability information

RJ Heathman Ltd T/A County Contractors & Others v Quadron Property Services Ltd & Others – timing of transfer, single event or task of short term duration and the insolvency exception

The course covers:

  • 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?
  • Who transfers?
  • Changing terms and conditions of employment following a TUPE transfer. How long after a transfer can terms be harmonised?
  • ETO reasons and 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?
  • Settlement 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.
  • Information and Consultation. Who are affected employees? Appointing employee representatives. Consultation about what?
  • Service Provision Changes. History. The 2006 Regulations. An overview of the case law.
  • Drafting TUPE Clauses in commercial contracts.
  • Suggested dodges.


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