The document discusses upcoming changes to TUPE (Transfer of Undertakings (Protection of Employment) Regulations) employment law in the UK. It provides:
1) A recap of key aspects of current TUPE law including the tests for business transfers and service provision changes, and employees' rights during a transfer.
2) An overview of recent case law that has eroded certainty around when service provision changes apply.
3) Details on the UK government's proposals to reform TUPE, including abolishing service provision changes and giving employers more flexibility around redundancy and changing terms and conditions.
4) Practical advice for businesses on preparing for the changes, such as reviewing contracts and redundancy obligations.
Workplace Bullying & Harassment Ultimate Training ResourceCarole Spiers
Do you need to deliver a Workplace Bullying & Harassment training course but have no time to prepare?
Then look no further, as here is your 1-stop training resource, including workbook and powerpoint presentation.
Written by Carole Spiers, Leading Authority on Work Stress and Author of Show Stress Who’s Boss!, this ultimate workplace bullying and harassment training resource is for trainers, HR professional and Managers.
This authoritative training resource is for your adaption and use today!
Download immediately: http://bit.ly/TEP0UH
Workplace Bullying & Harassment Ultimate Training ResourceCarole Spiers
Do you need to deliver a Workplace Bullying & Harassment training course but have no time to prepare?
Then look no further, as here is your 1-stop training resource, including workbook and powerpoint presentation.
Written by Carole Spiers, Leading Authority on Work Stress and Author of Show Stress Who’s Boss!, this ultimate workplace bullying and harassment training resource is for trainers, HR professional and Managers.
This authoritative training resource is for your adaption and use today!
Download immediately: http://bit.ly/TEP0UH
Grievances in firms,stages(Initial stage, intermediate stage,Organizational level,Third party mediation),Grievances Procedure,conciliation, Method of Identity(Direct observation,Grip Box, Open door policy,Exit Interview)
These slides are intended to help the Kannur University MBA - HRM students of MBA. It deals with topics of Challenges in HRM, Managing protean careers, Moonlighting Phenomenon, Workforce Diversity, Employee empowerment, Competitive Challenges,
The probation and confirmation policy provides information about the terms and conditions that a new employee should follow during probation period. The policy conveys that probation period is an opportunity to both new employee and their manager to do get adjusted and to improve the performance.
For more information visit https://www.hrhelpboard.com/hr-policies/probation-and-confirmation-policy.htm
A grievance is any dissatisfaction or feeling of injustice having a connection with one’s employment situation which is brought to the attention of management.
The rapid trend of changes and social issues in managing the global workforce has forced organizations to look for innovative ways of enhancing the job satisfaction of employees. Among these innovative approaches is the provision of Flexible Working Arrangements (FWAs). The purpose of this exploratory research was to identify the effects of FWAs, i.e., flextime schedule, compressed workweek, and telecommuting on job satisfaction from the perspective of the Ethiopian national employees of the United Nations Economic Commission for Africa (ECA) in Addis Ababa. To achieve this objective both descriptive and inferential statistics were conducted. The total population of the study was 250; out of which, 71% of responses were collected. A primary data collection method was implemented using a structured questionnaire. The analysis showed that there is significant positive effect of flextime schedule (R = .39, R2 = .264, p = .001) and compressed workweek (R = .39, R2 = .159, p = .039). This means that increase in the use of flextime schedules and compressed workweek enhances job satisfaction for employees of the ECA in Addis Ababa. The independent variables reported R = .39 and R2 = .15 which means that 15% of corresponding variations in employee job satisfaction can be explained by flexible working arrangements. Nevertheless, this study found out that there are no significant relationship of telecommuting (R = .39, R2 = .065, p = .398) on job satisfaction. Therefore, since the provision of FWAs is at the nascent stage, further studies on the effect of telecommuting on job satisfaction from Ethiopian employees context are highly recommended.
Closing the Employee Skills Gap: A Framework for Future Success | Webinar 08....BizLibrary
According to the US Department of Labor July 2014 report, there are more than 9.7 million people seeking work that are unemployed. At the same time, US Bureau of Labor statistic reports there are 4.5 million unfilled job openings in the US economy.
www.bizlibrary.com
Learning Culture and Employee Engagement: 6 Ingredients for SuccessShelly Myers
As any fan of cooking television can tell you, a master chef can take some of the most improbable foods and, with a deep knowledge of culinary basics and the proper support from sous chefs, create a singular dining experience.
Using the right recipe for employee engagement helps you cook up success in your organization, with a healthy portion of financial improvement on the side. Join Cassie Whitlock of BambooHR and Erin Boettge of BizLibrary to learn the basics of employee engagement and how creating an engaged learning culture helps improve employee satisfaction and performance. You’ll also learn how to train managers in the art of employee engagement, making them valuable sous chefs in preparing your workplace for the future.
No matter what ingredients your employees bring to the table, when you develop strong connections, focus on engagement, and sustain positive change, you can create a delicious, engaged workplace.
Leveraging HRIS to Bring Organization into The Next LevelGoutama Bachtiar
Presented in Human Resource Management Seminar and Conference entitled 'The Implementation of Human Resources Management Information Systems to Enhance Corporate Values' on October 29th 2013.
What to expect within UK Employment law during July 2013. Key items include New ET Rules, ET Fees, R (T and others) v Chief Constable Greater Manchester Police and Alemo-Herron v Parkwood cases.
Grievances in firms,stages(Initial stage, intermediate stage,Organizational level,Third party mediation),Grievances Procedure,conciliation, Method of Identity(Direct observation,Grip Box, Open door policy,Exit Interview)
These slides are intended to help the Kannur University MBA - HRM students of MBA. It deals with topics of Challenges in HRM, Managing protean careers, Moonlighting Phenomenon, Workforce Diversity, Employee empowerment, Competitive Challenges,
The probation and confirmation policy provides information about the terms and conditions that a new employee should follow during probation period. The policy conveys that probation period is an opportunity to both new employee and their manager to do get adjusted and to improve the performance.
For more information visit https://www.hrhelpboard.com/hr-policies/probation-and-confirmation-policy.htm
A grievance is any dissatisfaction or feeling of injustice having a connection with one’s employment situation which is brought to the attention of management.
The rapid trend of changes and social issues in managing the global workforce has forced organizations to look for innovative ways of enhancing the job satisfaction of employees. Among these innovative approaches is the provision of Flexible Working Arrangements (FWAs). The purpose of this exploratory research was to identify the effects of FWAs, i.e., flextime schedule, compressed workweek, and telecommuting on job satisfaction from the perspective of the Ethiopian national employees of the United Nations Economic Commission for Africa (ECA) in Addis Ababa. To achieve this objective both descriptive and inferential statistics were conducted. The total population of the study was 250; out of which, 71% of responses were collected. A primary data collection method was implemented using a structured questionnaire. The analysis showed that there is significant positive effect of flextime schedule (R = .39, R2 = .264, p = .001) and compressed workweek (R = .39, R2 = .159, p = .039). This means that increase in the use of flextime schedules and compressed workweek enhances job satisfaction for employees of the ECA in Addis Ababa. The independent variables reported R = .39 and R2 = .15 which means that 15% of corresponding variations in employee job satisfaction can be explained by flexible working arrangements. Nevertheless, this study found out that there are no significant relationship of telecommuting (R = .39, R2 = .065, p = .398) on job satisfaction. Therefore, since the provision of FWAs is at the nascent stage, further studies on the effect of telecommuting on job satisfaction from Ethiopian employees context are highly recommended.
Closing the Employee Skills Gap: A Framework for Future Success | Webinar 08....BizLibrary
According to the US Department of Labor July 2014 report, there are more than 9.7 million people seeking work that are unemployed. At the same time, US Bureau of Labor statistic reports there are 4.5 million unfilled job openings in the US economy.
www.bizlibrary.com
Learning Culture and Employee Engagement: 6 Ingredients for SuccessShelly Myers
As any fan of cooking television can tell you, a master chef can take some of the most improbable foods and, with a deep knowledge of culinary basics and the proper support from sous chefs, create a singular dining experience.
Using the right recipe for employee engagement helps you cook up success in your organization, with a healthy portion of financial improvement on the side. Join Cassie Whitlock of BambooHR and Erin Boettge of BizLibrary to learn the basics of employee engagement and how creating an engaged learning culture helps improve employee satisfaction and performance. You’ll also learn how to train managers in the art of employee engagement, making them valuable sous chefs in preparing your workplace for the future.
No matter what ingredients your employees bring to the table, when you develop strong connections, focus on engagement, and sustain positive change, you can create a delicious, engaged workplace.
Leveraging HRIS to Bring Organization into The Next LevelGoutama Bachtiar
Presented in Human Resource Management Seminar and Conference entitled 'The Implementation of Human Resources Management Information Systems to Enhance Corporate Values' on October 29th 2013.
What to expect within UK Employment law during July 2013. Key items include New ET Rules, ET Fees, R (T and others) v Chief Constable Greater Manchester Police and Alemo-Herron v Parkwood cases.
Do you find the TUPE Regulations a minefield?
Do you despair at the thought of having to grapple with potential TUPE issues in your organisation?
This recorded webinar will help guide you through the TUPE Legislation leaving you with a clearer understanding of:
The situations where TUPE will apply
The main principles and obligations arising from TUPE
The automatic transfer principle
Obligations to inform and consult
Potential liability and claims that an organisation could face for failing to comply with the TUPE legislation
This webinar will provide practical and straightforward advice and tips to help you understand TUPE legislation and what this means for your business. It will appeal to HR Management and Business Owners and there will be time at the end for questions. Please use the prompt when registering if you have a particular question you would like Caroline to answer.
An update to Recruiting using Social Media and how more progressive organisations are using social media to extend and improve their recruitment methodologies.
Thanks to brain's elasticity, we know that our brain allow us to change our life and achieve amazing things. It is just a question of willpower. This slideshow explains you willpower's attributes and the best strategy to improve it.
The 4 Most Important PowerPoint RULES for Successful PresentationsNed Potter
There are a million and one tips and tricks for using PowerPoint effectively, but what REALLY matters most? This presentation takes the 4 most important changes you can make to your presentations and explains simply how to go about them.
The focus is on use of images, making one point per slide, not using bullet points, and keeping things simple. Each of the rules is backed up by actual research, into multimedia learning principles, conducted at the University of California.
There's also several useful sites linked to, including 5 fantastic image resources, and a great place to download fonts.
See the associated blogpost for this slidedeck at http://www.ned-potter.com/blog/the-4-most-important-powerpoint-rules-for-successful-presentations.
If you're interested in more presentation tips, have a look at the other presentations on this Slideshare account, or head over to www.ned-potter.com/blog, where I've also written extensively about Prezi.
10 Revealing Statistics About Compensation & Benefits You should KnowElodie A.
Discover the real secrets to compensation and benefits, and see what employees really want from their companies.
Learn more on Officevibe, the simplest tool for a greater workplace:
https://www.officevibe.com/
Download this slideshare for later:
http://bit.ly/2mbvfvM
Download your free guide about the ONE perk guaranteed to increase job satisfaction:
http://bit.ly/2mbuId2
Understand and Differentiate between strategic recruitment and selection.
Identify the dual goals of recruiting.
Comprehend recruitment process from organizational as well as individual perspective.
Identify what strategic decisions are involved in recruiting.
Explain the major recruitment methods and analyze their advantages and disadvantages.
Identify the basic selection criteria.
Design and administer an effective selection process.
Evaluate the three methods e.g., information gathering, tests and interviewing used in employee selection.
Appreciate varied contemporary interviewing techniques used by interviewers.
Design interview form and evaluation matrix.
This topical half-day conference will bring you up-to-date with the most recent changes to employment law and the subsequent issues that may affect your business.
Key topics included:
The rigours of recruitment
Has the tide turned for TUPE? - TUPE update
Negotiate to terminate – the new law on pre-termination negotiations
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
This presentation covers the issue of the transfer of undertakings protection of employment (TUPE)and how this impacts outsourcing transfers and contracts.
APM Benefits Summit 2017 : Realising benefits in a changing world
In scoping programmes, is using the T word a constraint to success
case study by Ian Clark, Department for Work and Pensions
22 June 2017
APM webinar sponsored by the South Wales and West of England branch on 4 November 2021.
MoD Defence Equipment and Support (DE&S) is responsible for delivering equipment and support solutions to the UK Armed Services. This event will discuss the work underway to transform the way these projects are delivered.
The presentation will provide an overview of work undertaken in recent years, and still ongoing, to transform the project delivery of equipment and support. It will set out the rationale behind the need for change, describe the key components of the transformation programme, including organisation, people and the DE&S Way to delivery, refer to progress made, and work still in hand.
https://www.apm.org.uk/news/transforming-project-delivery-in-mod-defence-equipment-and-support-webinar/
Transfer of Undertakings (TUPE) Law in Ireland-the EssentialsTerry Gorry
A look at TUPE law in Ireland. TUPE deals with the protection of employees' rights when there is a transfer of an undertaking, for example a change of contract/service provider or transfer of a business or part of a business.
Learn more about employment law in Ireland: http://employmentrightsireland.com
At these events we present an overview of what we consider to be the most significant cases decided in 2016, and what they teach us about managing your workforce. We won’t just tell you the law – we will tell you what you need to do about it.
We also cover what is coming up in 2017, and how you can get ready for what will be another busy year in employment law.
Topics discussed include:
• working time/travel time
• social media
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• preparing for the Gender Pay Gap
• what’s coming up in 2017.
Large employers will have to produce their first gender pay gap reports by April 2018 at the latest, based on payroll data from April 2017. While the final version of the regulations isn’t expected until summer 2016, the main elements are now clear. These slides set out what the Regulations require and the issues that employers should be thinking about now.
Developing branded products - A toolkit for agencies Lewis Silkin
Agencies are increasingly leveraging the opportunities afforded by the digital ecosystem to develop products which have the potential to be exploited by the agency’s brand owner clients, but which do not sit comfortably within the traditional client-agency business model.
Lewis Silkin's Don't get it wrong #socialmedia Seminar PresentationLewis Silkin
This presentation is from Lewis Silkin’s Don't get it wrong #socialmedia semina on the 17th April 2012. Simon Morrissey and Jo Farmer, Partners in the Media, Brands and Technology department look at social media and the legal and regulatory aspects of its use in advertising.
You can view the youtube playlist of the videos that accompany this presentation here: http://youtu.be/4edioYoxClM; or on our website here: http://www.lewissilkin.com/Knowledge/2012/April/Dont-get-it-wrong-socialmedia.aspx
Lewis Silkin Seminar - Warranties and Indemnities - 8th March 2012Lewis Silkin
This is the first presentation from Lewis Silkin's recent "Warranties and Indemnities" seminar on the 8th March 2012 by Julian Parry and Lucy Lewis.
You can view the case study slides here: http://www.slideshare.net/LewisSilkin/lewis-silkin-whats-trending-in-tupe
If you would like more information please get in touch.
http://www.lewissilkin.com
Julian Parry
http://uk.linkedin.com/in/tupeguru
Lucy Lewis
http://uk.linkedin.com/in/lucylewis
Lewis Silkin Seminar - What's Trending in TUPE - 8th March 2012Lewis Silkin
This is the case study presentation from Lewis Silkin's recent "Warranties and Indemnities" seminar on the 8th March 2012 by Julian Parry and Lucy Lewis. If you would like more information please get in touch.
http://www.lewissilkin.com
Julian Parry
http://uk.linkedin.com/in/tupeguru
Lucy Lewis
http://uk.linkedin.com/in/lucylewis
The New Data Protection Regulation and Cookie ComplianceLewis Silkin
This presentation is from Lewis Silkin’s The New Data Protection Regulation and Cookie Compliance breakfast briefing on the 23 February 2012. Simon Morrissey, Lewis Silkin, and Meriel Lenfestey, Foolproof, look at the new Data Protection Regulations and some of the options available when thinking about cookie compliance and the end user experience.
You can visit http://www.lewissilkin.com for more information.
Lewis Silkin Brand Academy 2011 Supplementary DocumentLewis Silkin
This document contains the supplementary documentation for the Lewis Silkin Brand Academy 2011 event held at the Imagination Gallery on the 13th October 2011.
New Explore Careers and College Majors 2024.pdfDr. Mary Askew
Explore Careers and College Majors is a new online, interactive, self-guided career, major and college planning system.
The career system works on all devices!
For more Information, go to https://bit.ly/3SW5w8W
NIDM (National Institute Of Digital Marketing) Bangalore Is One Of The Leading & best Digital Marketing Institute In Bangalore, India And We Have Brand Value For The Quality Of Education Which We Provide.
www.nidmindia.com
Exploring Career Paths in Cybersecurity for Technical CommunicatorsBen Woelk, CISSP, CPTC
Brief overview of career options in cybersecurity for technical communicators. Includes discussion of my career path, certification options, NICE and NIST resources.
2. What we will cover
• Quick recap of TUPE
• Recent case law – eroding the certainty of service provision
changes
• The Government‟s proposals for reform of TUPE – what is
likely to happen and when
• What practical steps should you be taking in readiness for
the changes to TUPE and in light of recent cases
3. Quick recap ...
• The Transfer of Undertakings (Protection of Employment)
Regulations 2006
• Implements the Acquired Rights Directive so similar laws
exist throughout the EU (but some important differences
apply)
• Main aim: ensure employment of employees assigned to a
particular business (or identifiable part) transfer
when that business is sold or taken over by
another employer.
4. TUPE 1981
• TUPE 1981 - a single test
A transfer of an economic entity (an organised grouping of resources
which has the objective of pursuing an economic activity) which
retains its identity (“Old TUPE”);
Focused on extent to which main assets of business had transferred
or been acquired
E.g. premises, clients, IP, equipment, people etc.
Later cases suggested the transfer of people but little
or no other assets may be enough in labour intensive
undertakings
Led to confusion and ambiguity over whether TUPE
applied in outsourcing situations – had the “identity” been
retained?
5. TUPE 2006
• TUPE 2006 – two alternative tests
Old 1981 test retained (applicable in business sales)
New service provision change (SPC) test added, where
“activities” carried on by an organised grouping of employees
are taken over by a third party.
SPC includes :
Contractor A Contractor B
Client
6. Key points
• Employees transfer with:
continuity of service
same terms and conditions (except pensions)
• Difficult to lawfully harmonise terms and conditions with an
existing workforce BUT unlikely to be an issue if the changes
overall are no less favourable
• Information and consultation obligations apply
• Transferor required to provide “employee liability information”
to Transferee pre transfer
7. Key points
• Automatic unfair dismissal of employee if dismissed by
reason of the transfer or for a reason connected with the
transfer that is not “an economic technical or organisation
reason entailing changes in the workforce” (ETO)
• Redundancy will usually be an ETO.
• Sometimes difficult to identify who is assigned to the
organised grouping of resources
• Transferee inherits any pre-transfer liabilities to transferring
employees and collective agreements
8. Service provision changes
• For a service provision change to apply
There must be an organised grouping of
employees situated in the UK
the principal purpose of the organised grouping
of employees must be to carry out the activities;
Activities must be services based – not wholly or mainly
supply of goods to the client; and
Intention must be for transferee to carry out activities other
than in connection with a single specific event or task of short
term duration (2012 Olympics held out as an example of the
SPC exemption)
9. Example Service Provision Change - Now
UK plc tenders its IT contract every 5 years. A is the incumbent
with 25 people on site. B wins the bid, promising a radically
different approach which will be better and cheaper – with the
work being done by its existing remote teams. B doesn‟t need
any of A‟s 25 people.
• Is this a Service Provision Change?
• Who picks up the liability for the 25 people?
10. Service provision changes
• Until 2009/10 prevailing view that SPC was a near
certainty in outsourcing cases.
• Relatively little case law scrutiny of the SPC
test pre 2009/10
• Activities need not be identical before and
after the transfer – just “fundamentally or
essentially the same” (Metropolitan Resources
Ltd v Churchill Dulwich Ltd)
• Case law has been unravelling the SPC test
ever since and it now looks set to go....
11. Recent case law – SPCs
• Several different themes in cases over last 3-4 years have
significantly eroded the number of cases in which SPCs are
found to apply:
Do the activities remain the same?
Is there an organised grouping, organised by reference to the
client?
Fragmentation of activities between multiple providers
Is it the same client?
Meaning of “single specific event or task of short term
duration”
• Presumption of SPC in outsourcing cases is now dangerous
12. Do the activities remain the same?
• Metropolitan Resources (2009) - minor differences not
significant but...
• Scrutinise the nature of the activity
OCS v Jones (2010) – change of food service from prepared
hot food to selling packaged sandwiches. Required different
types of staff, different facilities etc, so not same activity even
though at high level summary was still providing lunchtime
food service at car plant
Notts Healthcare NHS Trust (2011) – residential care homes
closed, activity switched to home based care – not the same
13. Do the activities remain the same?
• Scrutinise nature of the activity (continued)
Johnson Controls (2012) – secretaries took over booking
cabs, not the same as centrally coordinated „middle-man‟
service. Look at way work is done, not just tick box approach
of what is done
Ward Hadaway (2009) – relevant activities defined as work in
progress not expectation of future work so no activity
transferred
Enterprise Management (2012) – two activities pre transfer,
only one of which continued post transfer (resulted in 15%
reduction of work) – held to be significant to scope of activity
14. Do the activities remain the same?
• Still occasional cases leaning the other way:
Islington v Bannon (2012) – post transfer some aspects of
activity abandoned or neglected because of resourcing issues
– fact that could not provide the service to the same standard
not material, the activities were still fundamentally the same
• So difficult now to know how deeply you need to scrutinise
the activity to look for differences
• Prevailing trend in the cases effectively gives clients power
to reduce likelihood of an SPC by altering the nature of the
activity. Transferees may argue doing it a different way
15. Organised grouping
• Must be organised by reference to the client
Eddie Stobart (2012) – although employees exclusively
packed for a particular client by dint of shift pattern, there was
no deliberate planning or intent to organise them by reference
to this client. It was not their principal purpose (perhaps
surprising decision on the facts)
Seawell v Ceva (2012) – fact that an employee spends a
majority or even all of his time on a contract is not necessarily
enough. One person can be an organised grouping but in this
case the teams were organised by reference to outbound and
inbound freight not by reference to this client.
16. Fragmentation
• Where services are so fragmented between multiple
providers that it effectively becomes impossible to determine
to which provider particular activities have transferred then
no SPC - Kimberely Housing (2007), Thomas-James v
Cornwall CC (2007) , Clearsprings Management (2008)
• Need to be able to identify specific activities and be able to
trace them to a specific transferee employer.
17. Other important recent cases
• McCarrick v Hunter (2012) so SPC where the activities
carried out by different contractors before and after the
change are not for the same client
• Liddell’s Coaches v Cook (2012) – a contract for a single
specific event need not necessarily be of short term duration.
One year contract to decant children temporarily to an
alternative school was a single specific event
• Spaceright Europe Ltd v Baillavoine (2011) A pre-transfer
dismissal can be "connected with the transfer“ regardless of
whether the identity of the transferee was known at the time
18. Govt AnnouncesTUPE Reforms
Key Themes
Removing “gold plating”
where we go further than
European Directive requires -
SPC
Greater flexibility for
employers (timing of TUPE
related redundancies, and
greater freedom around
changes to terms and
conditions)
Addressing case law
anomalies (ability to claim
automatic unfair dismissal on
a detrimental change of
location)
Deregulation and
simplification (electing
employee representatives,
employer liability information)
Timeline
•“Call for evidence” began
November 2011
•Consultation on proposed
changes began January 2013
(just closed)
•Confirmation on detail of the
reforms awaited (summer
2013)
•Most changes expected to
come into force in October
2013 but SPC abolition may
be delayed
The Daily TUPEgraph
- Since 1981
19. Proposed reforms - SPCs
• SPCs – the big change
SPCs to be abolished – so back to the old 1981 test
May cause uncertainty in the short term in outsourcing cases
but not much certainty under current case law anyway!
Will be winners and losers – main losers will be incumbent
employers who may be left with staff or big redundancy bills
when they lose contracts
Implementation of this change may be delayed a few years for
this reason
Government considering over-ruling ECM v Cox (TUPE
deemed will still apply if transferee avoids taking on staff to try
to circumvent TUPE)
20. Example Service Provision Change –
After SPC‟s are abolished
UK plc tenders its IT contract every 5 years. A is the incumbent
with 25 people on site. B wins the bid, promising a radically
different approach which will be better and cheaper – with the
work being done by its existing remote teams. B doesn‟t need
any of A‟s 25 people
• Is this covered by TUPE?
• Who picks up the liability for the 25 people?
21. Proposed reforms – ELI
• Requirement to provide employee liability information to be
scrapped
• Transferor and transferee left to sort out and agree what
information to be given, under threat of potential information
and consultation liabilities if they don‟t act sensibly. Fine for
business sales where parties have a contracting relationship
but will be a lottery with many outsourcing cases (where
competitors out to make life difficult for each other)
22. Proposed reforms – changing terms
• Government‟s hands are partly tied by EU law but reforms
will mirror continental approach of giving most freedom
permitted by the Directive
• TUPE 2006 went too far (probably by mistake) so this is
widely welcomed
• Variations by reason of the transfer will still be void (unless
the employer has an ETO) but not those for a reason
connected with the transfer
• Unlikely to make a massive difference in practice but many
businesses already adept at tip-toeing round this problem
23. Proposed reforms – location changes
• Technical problem currently exists that a change of
workplace location on a transfer:
May be a material detriment under 4(9)Current law
Often won‟t have a valid ETO defence because does not entail
“changes in the workforce”
So in theory can amount to an automatic unfair dismissal
without the transferee doing anything other than being based
in a different location
• Government will overrule this so a change in workplace
location in the context of a TUPE transfer is treated
consistently with an ordinary redundancy and on merit
24. Other Proposals for reform
• Rectifying case law anomalies:
Permitting consultation by the transferee with employee
representatives of the transferring employees before the
transfer date to count towards any collective redundancy
consultation obligations
transferor employers should be able to fairly dismiss
employees before the transfer date, relying on the transferee‟s
ETO reason
• Allowing small employers (<10 employees) to inform and
consult with employees directly and dispense with electing
representatives
25. The practical stuff....
• There will be winners and losers from the demise of SPCs
• The impact may partly depend on whether the Government
opts for a long lead in time before SPCs are abolished
• A long lead in time will allow for many contracts to expire
naturally under the current regime or at least give the parties
time to adjust their planning
• Given case law has eroded the application of SPCs anyway
and the Government is keen to be seen to help businesses
in the current climate, it may opt to make the change sooner
26. Are you an incumbent service provider?
• You probably entered many of your current client contracts in
the belief that assigned employees would transfer on at the
end of each contract. Now they may not
Think about whether you meet the test for an “organised
group” and can evidence they are organised by reference to
the client
Will you have a TUPE 1981 (old test) argument to fall back
on? Is the service labour intensive? Will a new provider
require some employees for continuity?
Review your contract terms – do any operate independently of
TUPE to share redundancy costs or protect you in other ways?
27. Are you an incumbent service provider?
Think about a contingency budget for redundancy costs
Can you redeploy staff in the latter stages of the contract or
not replace natural attrition to minimise potential redundancy
costs?
Consider now whether any applicable redundancy terms may
become prohibitively expensive if TUPE doesn‟t apply and you
are forced to make many more redundancies
Is there merit in having a proactive discussion with the client to
extend the contract to defer the issue and give longer term
certainty – exercise care until the date for SPC abolition is
confirmed
28. Are you a client?
• Do you want to alter the activities/services in some way to
reduce the likelihood of employees transferring back to you
or to a successor provider under the current regime?
• An outgoing service provider will soon not be required to
provide any employee liability information – make sure you
have a contractual right to require this in good time and can
share it with bidders and the eventual replacement
• You may be expecting the service provider‟s staff to transfer
at the end of the contract to you or a new provider. If they
don‟t is that a continuity problem?
29. Are you a prospective service provider?
• Factor into pricing the likelihood that staff will probably not
transfer on expiry/termination or negotiate some contribution
to any necessary future redundancy costs
• Ensure the contract addresses both possibilities of TUPE
applying and not applying at the end
• Scrutinise extra carefully any contractual redundancy terms
or long notice terms which apply to staff that will transfer to
you on the commencement of the services. This may
materially affect your costs on exit
30. Are you a prospective service provider?
• Don‟t accept that SPC will apply at the moment without
analysing whether the incumbent has an organised grouping
of employees organised by reference to the client and
whether the activities are essentially the same
• Ideally, ensure you have some contractual flexibility to
redeploy staff in the latter stages of a contract
• If the changes mean you are likely to carry staff or operate a
bench arrangement between contracts, look at employment
and remuneration structures to reduce unnecessary
overheads