Managing TUPE staff transfers: HR & Compliance Centre resource pack

The HR & Compliance Centre one-day conference on Managing TUPE staff transfers will bring you up to date on the basics of TUPE and will explore in detail the more advanced aspects of the legislation and relevant case law. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) are complex and any organisation involved in transferring staff, outsourcing, or buying or selling a business needs to fully understand and comply with them. 

To help you make the most of the conference, we highlight just some of the material on this subject available on HR & Compliance Centre – including articles on the law and practicalities relating to TUPE; frequently asked questions; and the latest relevant case reports. 

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• One to one (via telephone)
• A conference call for your team
• Group presentations
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The law on TUPE staff transfers

HR & Compliance Centre employment law manual
The HR & Compliance Centre employment law manual provides comprehensive legal guidance on the law on TUPE including the duty to inform and consult staff prior to a transfer. It also alerts you to forthcoming changes to the law, via the "future developments" subsection, a feature of all the employment law manual sections. 

The ten biggest TUPE pitfalls With the number of TUPE-related tribunal claims on the rise, employers need to be aware of all the various implications of a TUPE transfer. John Charlton reports. 

Weekly dilemma: Outsourcing and TUPE This week's dilemma concerns an employer's TUPE obligations on outsourcing part of its business. 

Weekly dilemma: Transfers, terms and conditions David Brown, associate solicitor, Simpson Millar, looks at terms and conditions surrounding transfers. 

Weekly dilemma: TUPE transfers and standard contracts Guy Lamb, employment partner, DLA Piper, discusses the implications of transferring employees under the Transfer of Undertakings (Protection of Employment) Regulations. 

Remember, if you come across any article on HR & Compliance Centre that you want to draw to the attention of a colleague, every article has a link to the right of the screen enabling you to "email this item to a colleague". Click on the link, enter the email address of your colleague, and press send. Your colleague will receive the document in full, making this an ideal tool when delegating work. Alternatively, you can email the article to yourself as a reminder. 

TUPE FAQs from the HR & Compliance Centre FAQs section
The HR & Compliance Centre FAQs section provides answers to commonly asked questions on a wide range of topics. Questions on the basics of TUPE include:

• What constitutes a transfer of an undertaking under the Transfer of Undertakings (Protection of Employment) Regulations 2006?
• Are employers obliged to consult with employees about a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006?
• In a TUPE situation is the transferor required to obtain its employees' consent before passing on information about them to the transferee?
• Who has to be informed and consulted upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?
• In a TUPE situation, is the transferor obliged to give the transferee the personnel files of transferred employees?
• The duty to consult in a TUPE situation arises where an employer envisages taking measures in relation to affected employees, but what sort of measures would this cover?
• If a client changes supplier because it is not happy with the performance of the supplier’s employees, can those employees be prevented from transferring to the new supplier if the contract change amounts to a TUPE transfer?
• If an employee in a TUPE situation refuses to transfer, will he or she be entitled to a redundancy payment?
• Can the transferee change the contracts of the incoming employees upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?
• Can an employer harmonise the contracts of TUPE transferred employees with those of its existing workforce where the changes will be beneficial to them?
• Where a transferee has no need for the employees transferred to it under TUPE, can the selection pool for redundancy include only the transferred employees, or must it also include the transferee's existing workforce?

Practical guidance

How to harmonise terms and conditions following the acquisition of a business
The HR & Compliance Centre "how to" section provides practical guidance on harmonising employees’ terms and conditions following the acquisition of a business, including where TUPE applies to the transfer. 

How to carry out a due diligence exercise
On acquiring a business, the exercise of due diligence in the form of an investigation into the business or the function being taken over is critical. The HR & Compliance Centre "how to" section gives practical guidance for transferees on carrying out a due diligence exercise relating to employees who are to be transferred. 

The HR & Compliance Centre policies and documents section provides a number of model letters for use by both transferors and transferees, including letters for use when requesting or providing employee liability information; letters informing employee representatives and individual employees that a transfer is to take place; and a letter to employee representatives for the purposes of beginning consultation. The section also includes a model policy setting out a procedure for the election of specially elected representatives for informing and consulting on a TUPE transfer. 

TUPE case law

Keep up with the latest developments in employment case law and check key legal precedents. Recent case reports on TUPE staff transfers include:

• TUPE applies as normal to transfers from administration
• TUPE: Transferor failed to consult or provide information to employee representatives
• TUPE transfer arose despite temporary cessation of business
• Transferor should have consulted workforce on administrative changes to pay arrangements
• Case of the week: Constructive dismissal following a TUPE transfer

For up-to-the-minute news on key TUPE cases that have not yet been reported elsewhere on HR & Compliance Centre, see the HR & Compliance Centre stop press section. 

More TUPE articles on HR & Compliance Centre

Run these saved searches for further articles on HR & Compliance Centre relating to aspects of TUPE addressed by the IRS conference:
Harmonising terms and conditions after TUPE transfers
TUPE and pensions
Consultation
Dismissals and TUPE

Daily updates on TUPE

You can receive email updates every time new articles about TUPE are published on HR & Compliance Centre. 

Click on the My HR & Compliance Centre link on the homepage and select the "Preferences" tab. Simply follow the instructions to set your update preferences and make sure that you're kept informed of all the latest information we publish on your chosen topics. Select "terms, conditions and employee rights", "general rights" and "employee relations" to ensure that you are kept up to date with developments relating to TUPE transfers.