TUPE Training for Employee Reps

Helping employee representatives & staff reps represent and support staff better in TUPE situations. Understanding their duties, the law and good practice

In the event that a business or service provision moves to a new company or organisation or a merger takes place then the TUPE Transfer of Undertakings (Protection of Employment) Regulations 2006) regulations apply. TUPE has implications for both the outgoing employer (transferor) and the incoming employer (transferee).

In both situations employees will have concerns, issues and fears that need to be understood and allayed. The employee representative’s role is pivotal and demanding. Our one day workshop is designed to help employee representatives understand the regulations and how best to meet the challenges the change poses.

Content focus is adjusted to meet the needs of the prevailing situation, employee representatives in incoming employers will face a different situation and challenges to those in outgoing employers

For Whom
This workshop is suitable for all Employee Representatives, including Union and Non-Union from all companies and organisations. It is especially suited to Representatives who have been elected to support staff through business and/or contract transfer situations in either incoming or outgoing employer contexts

Aims and Objectives
To provide Representatives with a better understanding of the rules and regulations surrounding TUPE transfers, the concerns their colleagues may face, together with hints, tips and guidance on good practice when carrying out these duties.

Content

1.The TUPE regulations, process and good practice

  • Situations in which the TUPE regulations apply
  • What the TUPE regulations cover
    • employee terms, conditions, rights and responsibilities
    • contract variations and re-engagement
    • outstanding and ongoing employer responsibilities/liabilities
    • Information and consultation

2.The role and duties of those representing representatives
Note only the prevailing situation is covered within this section of the training, that is to say part “a” or part “b” only is covered

2a Incoming Employers

  • Dovetailing with the with the union reps role where appropriate
  • protocols/overlap/divergence
  • The organisational context/rationale/benefits
  • Employee engagement
  • Pre Transfers – all staff
    • Briefing staff
    • Collecting and managing views, feedback and concerns
    • Allaying fears and assuring staff
  • Post Transfer – existing staff
    • Updating staff
    • Collecting and managing views, feedback and concerns
    • Allaying fears and assuring staff
  • Post Transfer – new staff
    • Introductions, welcome and maintaining relations
    • Providing effective support
    • Briefing staff on the role of the employee rep
    • Responding to concerns and worries
      • Potential TUPE breaches
      • Employee Integration

2b Outgoing Employers

  • Dovetailing with the with the union reps role where appropriate
    • protocols/overlap/divergence
  • The organisational context/rationale/benefits
  • Employee engagement
  • Pre Transfers – all staff
  • Briefing staff
  • Collecting and managing views, feedback and concerns
  • Allaying fears and assuring staff
  • Outgoing staff – signing posting post transfer support routes
  • Post Transfer – remaining staff
  • Updating staff
  • Collecting and managing views, feedback and concerns
  • Allaying fears and assuring staff

3. Developing Personal Effectiveness
Building on the above foundation of technical competencies, participants are next taken through a personal audit determining what soft skills are needed, collectively and individually. There is a focus on five key soft skill areas including:-

A Self-Awareness

  • Managing personal assumptions and own prejudices
  • Objective v Subjective judgements
  • Johari’s Window

B Communication

  • active listening
  • observational skills
  • different questioning techniques:
    closed, open, supplementary, probing, hypothetical
  • body language: posture, gestures, tone, voice, use of words

C. Influencing

  • Assertive – Aggressive – Passive – Passive/Aggressive Behaviour
  • Six techniques to deal with difficult situations

D. Managing Meetings
Hints and tips on how to get the best from meetings

E. Reporting Back and Public Speaking
This section combines the foregoing skills and other fresh topics around the theme of public speaking

ONLINE VIRTUAL CLASSROOM COURSE
The above course or elements from it are available through 2.5 hour online virtual classroom modules, as below. All three modules are required for full coverage.

Module 1 – Understanding the Regulations (2.5 hours online virtual classroom)

  • Brief history and rationale
  • Key definitions and terms – e.g. “relevant transfer/ “going concern”/” service provision change”/” contractors”/” grants and licenses”/leases/transfers in-out
  • Exemptions
  • ACAS Code
  • What does TUPE mean for staff? Legal rights.
  • Duty to consult – Trade Unions and/or Staff Representatives
  • Understanding the Organisation’s position- penalties for failure to comply
  • Case law-Breaking News
  • Signposting resources and sources of further information


Module 2 – The Employee Representatives’ Role (2.5 hours online virtual classroom)

  • What is consultation?
  • Brief legal overview unless Module One has been taken
  • Looking at the role of the Staff Representative during TUPE consultation – a focus here on: –
    • receiving the information provided about the TUPE transfer and any proposed measures
    • sharing that information with the employees and obtain their views
    • attending consultation meetings
    • representations to employer ensuring they know employees’ views and questions
    • keeping the employees informed of progress and developments
  • How should the process be managed?
  • The Representative’s role in formal meetings and feedback
  • Time off from other duties
  • Commercial confidentiality
  • Deadlines – internal and external
  • Company policy signpost
  • What skills are needed?
  • Self-audit of these skills
  • The Representative’s role after TUPE


Module Three – Skills in Action
(2.5 hours online virtual classroom)
Building on module two this module explores some of the skills needed to be successful in role. Pre or in course discussion informs the level of detail given to each topic. Where necessary/required additional modules are available to help explore individual topics in more detail. This session is supported by a hints and tips reference pack

  • Active Listening
  • Assertiveness
  • Observation
  • Questioning Skills
  • Meeting Skills
  • Presentational Skills
  • Record and Note Taking Skills
  • Self-Awareness
  • Time Management