TUPE Training

HR Teams and operational managers need to understand TUPE fully before any transfer is initiated. Conflicts between TUPE rules and operational efficiency are common. To avoid tribunals they need to be managed properly. This one-day course explains all.

In the event that a business or service provision moves to a new company or organisation or a merger takes place then the TUPE 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 rules regarding changes to contracts, terms and conditions and working practice are tightly defined. It is far more complicated than treating every one as a new employee and issuing new contracts. In fact this very process is often prohibited. It is essential that HR teams and operational managers involved in any TUPE transfer understand the process fully and ensure that it is adhered to.

The course briefs HR teams and Management on the TUPE regulations. it highlights the areas they need to focus on to ensure an efficient transfer. It considers the pitfalls and dangers that can develop when businesses try to unify contracts, holidays, pensions and working practices etc; as well as the impact TUPE can have staff moral, turnover and churn.

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

Aims and Objectives
To provide participants with a better understanding of the rules and regulations surrounding TUPE transfers, highlight the concerns their staff may have and provide hints, tips and good practice guidance on how to effect the transfer.

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
  • 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 moral, turnover, churn
    • Unfair dismissals, tribunals and litigation
  1. The role and duties of HR teams and Operation Managers
    Note only the prevailing situation is covered within this section of the training

2a Incoming Employers

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
    • 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
      • Responding to concerns and worries
        • Potential TUPE breaches
        • Employee Integration

2b Outgoing Employers

  • 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
      • 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 an Approach – Policies – Procedures
Session 3 provides time for participants to consider their own policies and procedures, how and where they can be improved

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