TUPE Training

This one-day TUPE training course updates HR teams and operational management on the latest TUPE regulations, which need to be understood, fully, before any transfer of undertakings commences.

The Transfer of Undertakings (Protection of Employment) Regulations have 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.

Our TUPE training includes the latest changes and developments and provides clarity on areas employers need to focus on. Our TUPE course also highlights the pitfalls and dangers that can develop when employers fail to understand or adhere to good practice. The rules regarding changes to contracts, terms and conditions and working practice are tightly defined. Effecting a transfer is far more complicated than treating every one as a new employee and issuing new contracts.

Conflicts between TUPE rules and operational efficiency are all too common. To avoid unnecessary staff upset, unfair dismissal claims and tribunals every transfer need to be managed professionally and with empathy throughout from all parties.

It is essential that HR teams and operational managers involved in any TUPE transfer understand good process and ensure that it is adhered to.

For Whom
This workshop is suitable for all HR teams and Operational Managers from all companies and organisations.

Content

  1. The TUPE Regulations and due process
  • Situations in which the TUPE regulations apply
    • Business Transfers
    • Service Provision
  • What the TUPE regulations cover, including:
    • Consulting and Informing
  • Dismissals
  • Redundancies
  • Transfer of Contracts
  • Employees who do not wish to transfer
  • Collective agreements
  • Pension rights
  • HMRC and Tax implications, including P45
  • Transfer of Employee Information and GDPR
  • Insolvent businesses
  • Employees owe or are owed money
  • Employees working abroad
  • Changes to Contracts, terms and Conditions
    • employee terms, conditions, rights and responsibilities
    • contract variations and re-engagement

  1. Good Practice in TUPE Situations
  • Ongoing employer responsibilities/liabilities
  • TUPE vs Business Efficiency
    • Changes business efficiency may demand
    • Contracts
    • Holiday Pay including calculations and year to date data
    • Changes to working conditions and process
  • The risks of a poorly managed transfer
    • Staff morale, turnover, churn
    • Unfair dismissals, tribunals and litigation
  • Staff Representative Involvement
  • Union Representatives Role
  • Employee Representatives Role
  • Other sources of help and advice
  1. Role and Duties of HR teams and Operation Managers
    Note only the prevailing situation is usually covered within this section of the training

    • Explaining 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
    • Signposting additional support
  • Post Transfer – existing/remaining 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
    • Responding to concerns and worries
    • Potential TUPE breaches
    • Employee Integration
  1. Developing an Approach – Policies – Procedures
    Session 4 provides time for participants to consider their own policies and procedures, how and where they can be improved

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