TUPE - The Latest. special reports

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "TUPE - The Latest. special reports"

Transcription

1 What if employees don t want to transfer? An employee has the fundamental freedom to choose their employer. Therefore, on notification of the proposed transfer, an employee has the right not to transfer to the new employer. If they so wish they can resign from their employment, but in doing so they will not be able to claim unfair dismissal or have any entitlement to redundancy payment. However, if they do not want to transfer because the transfer will involve substantial changes to their working conditions that are to their detriment, the employee may treat themselves as dismissed and may be able to successfully claim compensation for unfair dismissal or redundancy, even if these changes do not involve a fundamental breach of contract. Where there is a fundamental breach of contract, they may leave and claim constructive dismissal. If an employment tribunal upholds the latter claim, any restrictions on the employee, such as a post-employment restrictive covenant, will be void and unenforceable. If you are the transferee, make sure that you honour the transferred employees terms and conditions of employment otherwise you could be in breach of contract. What liabilities will transfer? In summary, if you take over a company, part of a company or the services of a company under a TUPE transfer, all the transferor s rights, powers, duties and liabilities transfer to your business. This includes any outstanding claims by employees, such as a claim of sex discrimination, the transferor s liability in negligence or for a breach of statutory duty for an employee s accident. However, the courts have held that in such circumstances the transferee has the benefit of the transferor s indemnity under its employers indemnity insurance. What if the transferor has no indemnity insurance? However, what s the situation where the transferor is exempt or not required to hold insurance under the Employers Liability (Compulsory Insurance) Act 1969 such as central government, local authorities and other public bodies? In such situations, the TUPE Regulations provide that the transferee and the transferor will be jointly and severally liable for any personal liability that arises from an employee s employment with the transferor prior to the transfer. 6

2 How should we protect ourselves? As the majority of outsourced contracts are from such organisations, for example the NHS and local authorities, this raises an important issue. If you are involved in a TUPE transfer with a business that is exempt from Employers Liability insurance, you need to ensure that all liability information is obtained and a financial risk assessment is conducted. In addition, it is wise, as part of the contractual conditions of the transfer, to insist that the transferor takes out voluntary employers liability to cover any future eventuality. Make sure that you are covered in the event of a future claim; insist that the transferor has employee indemnity insurance. How do we obtain the liability information? The Regulations require the transferor to provide the transferee with employee liability information of any person employed by them, and who is assigned to the organised grouping of resources or employees that are subject to the transfer. This is to be provided in writing or in a suitable accessible format. The information to be provided includes: the identities and ages of the employees the details of their terms and conditions of employment details of any collective agreements any disciplinary procedures within the previous two years any grievance procedures within the previous two years any court or tribunal case, claim or action brought within the previous two years, or where the transferor has reasonable grounds to believe that an employee may bring a claim collective agreements which will have an effect after the transfer details of any employee who would have been employed by the transferor, and assigned to the organised grouping or resources or employees that is the subject of the transfer immediately before the transfer, if they had not been dismissed prior to the transfer the liability information provided must not be more than 14 days old before the date on which the information is notified to the transferee, and must be provided no later than 14 days before the transfer in addition, following the notification of the information the transferor has a duty to inform the transferee of any changes to the liability information. 7

3 If the liability information is not forthcoming, make sure you put in writing to the transferor that they have a legal duty to provide it. Failure to comply will result in a claim against them. What if the liability information is not provided? The transferor has a duty to provide the liability information no later than 14 days before the transfer date, or if not reasonably practical to meet this deadline, the information must be supplied as soon as reasonably practical. If the transferor has not provided the required liability information the transferee may, within three months of the transfer date, present a claim to an employment tribunal. The tribunal can make an award of compensation which is just and equitable in all the circumstances, including any loss sustained by the transferee. The amount of compensation can be up to 500 per employee in respect of whom the transferor has failed to provide the information. There are no benefits from withholding the liability information, only financial penalties which can be significant. What is the duty to consult? The Regulations impose a duty on both the transferor and the transferee to inform and consult with representatives of the employees affected by the transfer. That is, whether you are selling, buying, outsourcing or taking on a service contract you have a duty to inform and to consult with the employees in your business that may be affected by the transfer, whether or not those employees are assigned to the organised grouping of resources or employees that is the subject of the transfer. Unlike redundancy situations, the duty to inform and consult is not limited to the number of employees, and therefore it will apply even if the transfer affects only one. The TUPE Regulations impose a duty on both the transferor and the transferee to inform and consult. 8

4 What information needs to be provided? As a transferee you have a duty to provide the transferor with such information that will enable the transferor to meet their obligations of informing and consulting their employees. The information to be provided to affected employees includes: that a transfer is to take place with the date or proposed date of the transfer the legal, social and economic implications of the transfer for any affected employees any measures that may be taken in connection with the transfer. The Regulations do not set a time period for this process, only stating that it should be done long enough before a relevant transfer to enable the employer of any affected employees to consult the appropriate representatives of any affected employees. There are no benefits to not informing and consulting with employees. By following the process the transfer will be smoother and result in fewer issues. The requirements to inform relate to the fact that a transfer will take place, rather than on the proposals for a transfer. However, having said that, you need to be aware that if you employ 50 or more employees, you may have a duty under the Information and Consultation or Employees Regulations 2004 to consult on the proposals for a transfer, as these Regulations relate to potential changes in the business that may affect employees. The duty on the transferor to consult only applies to measures that the transferor employer itself envisages taking. Therefore, the transferor does not have to consult representatives about measures which the transferee may envisage, although it must inform them of these measures. How do we elect employee representatives? If the employer recognises an independent trade union in respect of the employees affected, representatives of that union must be informed and consulted. However, where there is no such trade union, the employer must inform and consult employee representatives. The process of election of employee representatives is the same as for redundancies. It is for the employer to determine the number of representatives, but there must be sufficient to represent the interests of all affected employees. All affected employees must be allowed to vote for the candidates, and the employer has a duty to ensure as far as reasonably practical that the election is fair. The voting can be held as a postal ballot. If the employees fail to elect a representative and provided that the election was held with sufficient time to consult, it will be treated as the employer having satisfied its statutory duty to consult. 9

5 If candidates are elected they do have the right to take a reasonable amount of paid time off during working hours to perform their function, or to undergo training to perform such functions. In addition, they can make a claim to an employment tribunal if they are refused reasonable time off, are not paid for the time off, or have been subject to detriment by their employer on the grounds that they were an employee representative. The process for the election of employee representatives must be as fair as reasonably practical. What if there s no consultation? With the exception of above, failure to elect and/or consult with employee representatives can result in claims to an employment tribunal. Although there is a defence that there were special circumstances which rendered it not reasonably practicable for the employer to comply, these circumstances will be very limited. This is because the employer (whether transferor or transferee) will still have to show that they took all such steps to comply, as were reasonably practicable in the circumstances. In addition, for example, the transferor cannot use the argument that they were not able to consult because the transferee did not provide the necessary information in the required time, unless they can show that they gave the transferee notice of their intention to show this fact, which will then make the transferee party to the proceedings. In the event of a claim both the transferor and the transferee will be jointly and severally liable in respect of any compensation awarded. Therefore, it is equally important to both the transferor and the transferee that the other is meeting their obligations to inform and consult. The Regulations provide for a protection award of up to 13 weeks pay per employee affected by the failure to consult. It is important to be aware that the award is intended to be punitive and to have a deterrent effect. In Sweetin v Coral Racing 2006 it was held that where there are no mitigating factors and the employer s failure to consult was serious and gross, it is not open for the tribunal to award anything less than the equivalent of 13 weeks pay. Whether you are the transferor or the transferee, the financial penalties for not informing and consulting employees can be severe. 10

TUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide

TUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide TUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide The following is intended to provide a brief introduction to the subject of TUPE. It explains some of the key

More information

A GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006

A GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 A GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 Jennifer McGrandle & Abigail Black Mayer Brown Type: Published: Last Updated: Keywords: Legal Guide 13.01.2012 13.01.2012

More information

THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006

THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 EMPLOYMENT BACKGROUND What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. TUPE has

More information

TUPE AND OUTSOURCING. Louise McCartney Charity Sector Procurement Group 15 th June 2011

TUPE AND OUTSOURCING. Louise McCartney Charity Sector Procurement Group 15 th June 2011 TUPE AND OUTSOURCING Louise McCartney Charity Sector Procurement Group 15 th June 2011 Bates Wells & Braithwaite 2009 Transfer of Undertakings (Protection of Employment Regulations) 2006 What is TUPE?

More information

Employment Law Guide

Employment Law Guide Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal

More information

LEGAL UPDATES AND FACTSHEETS

LEGAL UPDATES AND FACTSHEETS LEGAL UPDATES AND FACTSHEETS TRANSFER OF UNDERTAKINGS (TUPE) PREFACE: TUPE 1981: This factsheet looks at the law surrounding the transfer of undertakings, established by The Transfer of Undertakings (Protection

More information

The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE )

The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) what is TUPE? Prior to 1981 employees were afforded little protection when their employer changed as a result of the sale

More information

HR & OD POLICIES. TUPE Manager Q&A

HR & OD POLICIES. TUPE Manager Q&A Q. What constitutes a transfer of undertaking under the Transfer of Undertaking (Protection of Employment) Regulations 2006 ()? A. As a general guide, a transfer is said to have taken place when the whole

More information

Briefing on TUPE and Bristol Youth Links. 9 March 2012. Jeremy Harrison, Charity HR Simon Collinridge, Sherbornes Solicitors LLP Mark Hubbard, Voscur

Briefing on TUPE and Bristol Youth Links. 9 March 2012. Jeremy Harrison, Charity HR Simon Collinridge, Sherbornes Solicitors LLP Mark Hubbard, Voscur Briefing on TUPE and Bristol Youth Links 9 March 2012 Jeremy Harrison, Charity HR Simon Collinridge, Sherbornes Solicitors LLP Mark Hubbard, Voscur Aims of the session To provide an overview of TUPE regulations

More information

The EC3\Legal Guide to TUPE

The EC3\Legal Guide to TUPE The EC3\Legal Guide to TUPE Overview and the 2014 Regulations Marina Garston Legal Director +44 (0)203 553 4879 marina@ec3legal.com This guide focuses on the main provisions of TUPE and takes into account

More information

TUPE 2006 Detailed Analysis

TUPE 2006 Detailed Analysis that activity is central or ancillary. Under existing case law this can include an organised group of one person! TUPE 2006 Detailed Analysis The TUPE 2006 Regulations completely replace the 1981 Regulations

More information

2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006

2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006 STATUTORY INSTRUMENTS 2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT The Transfer of Undertakings (Protection of Employment) Regulations 2006 Made - - - - 6th February 2006 Laid before Parliament 7th

More information

TUPE made Interesting! Ed Jenneson Ed Heppel Tuesday, 8 October 2013

TUPE made Interesting! Ed Jenneson Ed Heppel Tuesday, 8 October 2013 TUPE made Interesting! Ed Jenneson Ed Heppel Tuesday, 8 October 2013 Topics for today's briefing: When does TUPE apply? Effects of TUPE Changes to Terms and Conditions Future changes Background Pre 1981

More information

working together, stronger together working together, stronger together TUPE

working together, stronger together working together, stronger together TUPE working together, stronger together working together, stronger together TUPE 1 TUPE Contents 1. What is TUPE? 2 2. The automatic transfer principle 3 3. When TUPE applies 3 4. When TUPE does not apply

More information

The Transfer of Undertakings (Protection Of Employment) Regulations 2006 "TUPE"

The Transfer of Undertakings (Protection Of Employment) Regulations 2006 TUPE Revised April 2006. This information leaflet gives you introductory guidance to the 2006 TUPE regulations. It does not however give you legal advice. If you need legal advice please contact Matthew Parkinson

More information

MAYFIELD SCHOOL. Author: Torbay Human Resources [April 2011] Renewed 9 th November 2015

MAYFIELD SCHOOL. Author: Torbay Human Resources [April 2011] Renewed 9 th November 2015 MAYFIELD SCHOOL Policy: TUPE Guidelines for Managers Author: Torbay Human Resources [April 2011] Governors Committee: Leadership Date adopted: 23 rd May 2011 Renewed 9 th November 2015 Next review: Autumn

More information

Transfer of Undertakings. (Protection of Employment) Regulations 2006

Transfer of Undertakings. (Protection of Employment) Regulations 2006 Transfer of Undertakings (Protection of Employment) Regulations 2006 A brief guide to the Transfer of Undertakings (Protection of Employment) Regulations 2006 Published by Unite the Union General Secretary

More information

TUPE Redundancy Restructuring

TUPE Redundancy Restructuring Thinking the unthinkable TUPE Redundancy Restructuring Mark Makin Acas Senior Adviser Aims and objectives of today By the end of this session we will: provide an overview of the Transfer of Undertakings

More information

TUPE FAQs. for property transactions

TUPE FAQs. for property transactions TUPE FAQs for property transactions To assist in understanding what TUPE is and its application to property transactions, we have set out below the top ten frequently asked questions we receive from our

More information

T.U.P.E. Transfers. Cathy Taylor 1 May 2015. 8 May, 2015 British Medical Association

T.U.P.E. Transfers. Cathy Taylor 1 May 2015. 8 May, 2015 British Medical Association T.U.P.E. Transfers Cathy Taylor 1 May 2015 What is T.U.P.E.? Transfer of Undertakings for the Protection of Employment (2006) 2 When does it apply? The regulations apply when: a business or undertaking,

More information

VOIP 2000 - HR Direct Fife Council June 2011 Page 1 of 10 MC70

VOIP 2000 - HR Direct Fife Council June 2011 Page 1 of 10 MC70 Managing Workforce Change: Transfer of Undertakings (TUPE) P r o c e d u r e This procedure should be applied where there is a transfer of work from one employer to another. The procedure covers the following

More information

TUPE Regulations Staff contracts when you buy or sell a practice Advice Note 20

TUPE Regulations Staff contracts when you buy or sell a practice Advice Note 20 Advice TUPE Regulations Staff contracts when you buy or sell a practice Advice Note 20 The Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as TUPE ) provide legal protection

More information

TUPE POLICY AND PROCEDURE FOR SCHOOLS / ACADEMIES

TUPE POLICY AND PROCEDURE FOR SCHOOLS / ACADEMIES BRINKWORTH EARL DANBY S CE PRIMARY SCHOOL Serving the communities of Brinkworth and Dauntsey VISION Believe to Achieve! To provide a secure, happy and stimulating learning environment in which EVERYONE

More information

Briefing Note. Transfer of Undertaking (Protection of Employment) Regulations 2006. Overview of the Regulations. Transfers Covered by the Regulations

Briefing Note. Transfer of Undertaking (Protection of Employment) Regulations 2006. Overview of the Regulations. Transfers Covered by the Regulations Briefing Note Transfer of Undertaking (Protection of Employment) Regulations 2006 The purpose of this Briefing Note is to provide a summary of the effect of the Transfer of Undertakings (Protection of

More information

Guide to Redundancy. A guide by Burton & Dyson

Guide to Redundancy. A guide by Burton & Dyson Guide to Redundancy A guide by Burton & Dyson Introduction When a business has to make people redundant, it is never a decision that is taken lightly and is a process that is likely to cause anxiety and

More information

TUPE: Frequently Asked Questions For Schools becoming an Academy

TUPE: Frequently Asked Questions For Schools becoming an Academy TUPE: Frequently Asked Questions For Schools becoming an Academy 1. PURPOSE This document is for Governors, Head Teachers and staff of schools who have received the Academy Order from the Department for

More information

Transfers of undertakings an introduction

Transfers of undertakings an introduction Transfers of undertakings an introduction January 2014 The law relating to transfers of undertakings is notoriously complex and is constantly developing. Inevitably, this account can only be an introduction,

More information

Buying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition. 9 June 2015

Buying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition. 9 June 2015 Buying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition 9 June 2015 1 Agenda The impact of the Acquired Rights Directive on the purchase of a business How

More information

Briefing note TUPE changes from 31 January 2014

Briefing note TUPE changes from 31 January 2014 Briefing note TUPE changes from 31 January 2014 The amendments to the TUPE Regulations will come into force on 31 January 2014 and apply to TUPE transfers that take place on or after that date. This Briefing

More information

Transfer of undertakings. Business owner/ manager briefing

Transfer of undertakings. Business owner/ manager briefing Transfer of undertakings Business owner/ manager briefing 02 Transfer of undertakings: Business owner / manager briefing Transfer of undertakings: manager / business owner briefing on handling TUPE transfers

More information

TUPE. Due. Diligence. suitable. This Due. levels of NCVO. it should

TUPE. Due. Diligence. suitable. This Due. levels of NCVO. it should TUPE Due Diligence Checklist August 2012, NCVO http://www.ncvo-vol.org.uk/psd/commissioning/tupe This Due Diligence checklist is for use by voluntary, community and social enterprise organisations conducting

More information

Redundancy. A Guide. 4500 Lawyers 87 Firms 57 Countries TOP RANKED CHAMBERS GLOBAL 2013. Leading Law Firm Network

Redundancy. A Guide. 4500 Lawyers 87 Firms 57 Countries TOP RANKED CHAMBERS GLOBAL 2013. Leading Law Firm Network Redundancy A Guide TOP RANKED CHAMBERS GLOBAL 2013 Leading Law Firm Network 4500 Lawyers 87 Firms 57 Countries INTRODUCTION The decision to make employees redundant is never one that is taken lightly.

More information

TRANSFER OF UNDERTAKINGS (TUPE)

TRANSFER OF UNDERTAKINGS (TUPE) Employment Manual TRANSFER OF UNDERTAKINGS (TUPE) TOOLKIT FOR MANAGERS TRANSFER OF UNDERTAKINGS (TUPE) TOOLKIT FOR MANAGERS CONTENTS TABLE TRANSFER OF UNDERTAKINGS (TUPE)...2 TOOLKIT FOR MANAGERS...2 INTRODUCTION...2

More information

AGE DISCRIMINATION. Summary of the law on

AGE DISCRIMINATION. Summary of the law on Summary of the law on AGE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply in

More information

Employment Law. Jeremy Allin Sue Evans Emma Ladley. March 2013

Employment Law. Jeremy Allin Sue Evans Emma Ladley. March 2013 Employment Law Jeremy Allin Sue Evans Emma Ladley March 2013 What will we be talking about? Keeping afloat An overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE

More information

FREQUENTLY ASKED QUESTIONS TUPE

FREQUENTLY ASKED QUESTIONS TUPE FREQUENTLY ASKED QUESTIONS TUPE DATE: 25 th July 2014 VERSION: 4 AUTHORS: HR ADVISORY NUMBER QUESTION ANSWER 1 What is TUPE? TUPE is an abbreviation for the Transfer of Undertakings (Protection of Employment)

More information

Legal Masterclass: TUPE and Pensions

Legal Masterclass: TUPE and Pensions Legal Masterclass: TUPE and Pensions February 2014 Rhian Brace Partner, Employment What we are going to cover Introduction and Context TUPE Overview Contractual Issues and Due Diligence Pensions Transforming

More information

AND REDUNDANCY. Summary of the law on

AND REDUNDANCY. Summary of the law on Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. This booklet provides a basic outline

More information

DENTAL ACCESS PROGRAMME GUIDE TO THE USE OF SCHEDULE 18 (STAFF TRANSFER) AND TUPE TRANSFERS UNDER THE PDS PLUS AGREEMENT

DENTAL ACCESS PROGRAMME GUIDE TO THE USE OF SCHEDULE 18 (STAFF TRANSFER) AND TUPE TRANSFERS UNDER THE PDS PLUS AGREEMENT DENTAL ACCESS PROGRAMME GUIDE TO THE USE OF SCHEDULE 18 (STAFF TRANSFER) AND TUPE TRANSFERS UNDER THE PDS PLUS AGREEMENT Beachcroft LLP 7 Park Square East Leeds LS1 2LW UK tel: +44 (0) 113 251 4700 fax:

More information

Management liability - Employment practices liability Policy wording

Management liability - Employment practices liability Policy wording Special definitions for this section Benefits Claim Defence costs The General terms and conditions and the following terms and conditions all apply to this section. Any compensation awarded to an employee

More information

GUIDE TO EMPLOYMENT LAW IN GUERNSEY

GUIDE TO EMPLOYMENT LAW IN GUERNSEY GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum

More information

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES DIRECTORS ADVISORY SERVICE FACTSHEET These Guidance Notes provide an outline of the relevant provisions, but they are not

More information

Overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006

Overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006 TUPE Overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006... 1 Service Provision Changes... 1 Employer Liability Information... 2 Liability for Failure to Inform and Consult

More information

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. All employees can bring a claim of

More information

A Guide to Settlement Agreements

A Guide to Settlement Agreements A Guide to Settlement Agreements Please contact us to discuss your Settlement Agreement in more detail. Whether you are an Employer or an Employee we shall be delighted to help with your Settlement Agreement.

More information

Employment law changes for 2014 what do they mean for your business?

Employment law changes for 2014 what do they mean for your business? Employment law changes for 2014 what do they mean for your business? Employment law has constantly changed and evolved over the last number of years. This year marks a number of further changes including

More information

SEXUAL ORIENTATION. Summary of the law on

SEXUAL ORIENTATION. Summary of the law on Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality

More information

2014 changes to TUPE

2014 changes to TUPE 2014 changes to TUPE Acas can help with your employment relations needs Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up to date with today s employment

More information

RACE DISCRIMINATION. Summary of the law on

RACE DISCRIMINATION. Summary of the law on Summary of the law on RACE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the race discrimination provisions of the Equality Act 2010. These apply

More information

Employment Law Glossary of key terms and abbreviations

Employment Law Glossary of key terms and abbreviations Employment Law Glossary of key terms and abbreviations ACAS ACAS stands for the Advisory, Conciliation and Arbitration Service a UK government funded independent body offering conciliation services to

More information

A summary of the law on: Unfair Dismissal and Redundancy

A summary of the law on: Unfair Dismissal and Redundancy A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.

More information

A new shape of lawyer. Guide to redundancy law

A new shape of lawyer. Guide to redundancy law A new shape of lawyer Guide to redundancy law The prospect of having to deal with redundancy situations can be daunting for both employers and employees. The law provides employees with a number of rights

More information

http://www.pbookshop.com

http://www.pbookshop.com 8 EMPLOYEE LIABILITY INFORMATION A. Introduction 8.01 1. Th e Directive 8.01 2. TUPE 2006 8.03 B. Employees 8.07 C. Information 8.09 1. Prescribed information 8.09 2. Employment particulars 8.11 3. Disciplinary

More information

TUPE or not TUPE. www.apse.org.uk

TUPE or not TUPE. www.apse.org.uk www.apse.org.uk TUPE or not TUPE www.apse.org.uk Changes to TUPE Why and when Why: View that the regulations are convoluted and difficult and stifle innovation But: They had bedded down and now we will

More information

Briefing Note: Employment Status

Briefing Note: Employment Status An Introduction to the Briefing Note This Briefing Note explains the significance of the distinction between an employee, a worker and a self-employed contractor. It also sets out the factors that will

More information

Employment Breakfast Briefing TUPE: Changes in 2014 - Impact and Practicalities

Employment Breakfast Briefing TUPE: Changes in 2014 - Impact and Practicalities Employment Breakfast Briefing TUPE: Changes in 2014 - Impact and Practicalities Thursday 6 March 2014 Adrian Crawford, Partner, Employment Kirsty Churm, Solicitor, Employment Collective redundancy consultation

More information

Summary of the law on FAMILY FRIENDLY RIGHTS

Summary of the law on FAMILY FRIENDLY RIGHTS Summary of the law on FAMILY FRIENDLY RIGHTS Family friendly rights include, maternity, paternity and parental leave and rights for part-time workers. This booklet is solely concerned with the employment

More information

Subcontracting. Modules 5 and 6

Subcontracting. Modules 5 and 6 Subcontracting A guide to the legal implications of the Industry Standard Partnering Agreement for voluntary, community and social enterprise organisations Modules 5 and 6 HR implications including TUPE

More information

CWU SUBMISSION TO BIS CONSULTATION TUPE REGULATIONS 2006: CONSULTATION ON PROPOSED CHANGES TO THE REGULATIONS

CWU SUBMISSION TO BIS CONSULTATION TUPE REGULATIONS 2006: CONSULTATION ON PROPOSED CHANGES TO THE REGULATIONS CWU SUBMISSION TO BIS CONSULTATION TUPE REGULATIONS 2006: CONSULTATION ON PROPOSED CHANGES TO THE REGULATIONS The Communication Workers Union (CWU) is the largest union in the communications sector in

More information

BUSINESS TRANSFERS. Barry Hough

BUSINESS TRANSFERS. Barry Hough BUSINESS TRANSFERS Barry Hough Employment Law Free Advice Clinic Martine Eneas 02392 844080 Martine.eneas@port.ac.uk This lecture Commercial background Does TUPE apply? Consultation with workforce by vendor

More information

Employment law solicitors

Employment law solicitors Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever

More information

GUIDE TO EMPLOYMENT LAW IN GUERNSEY

GUIDE TO EMPLOYMENT LAW IN GUERNSEY GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum

More information

Brasenose College Policy Redundancy (Non Academic Employees) Approved by Governing Body on 30 November 2011

Brasenose College Policy Redundancy (Non Academic Employees) Approved by Governing Body on 30 November 2011 Brasenose College Policy Redundancy (Non Academic Employees) Approved by Governing Body on 30 November 2011 Introduction Purpose and Scope This policy is applicable to all permanent employees that are

More information

RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES

RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES This guide tells you about new rights and procedures you must follow if you have a grievance in work are facing

More information

Welcome. Donna Gibb, HR Service Manager Elaine Masson, Senior Employment Trainer Empire 01224 701383 e.masson@empirehr.com

Welcome. Donna Gibb, HR Service Manager Elaine Masson, Senior Employment Trainer Empire 01224 701383 e.masson@empirehr.com 1 Welcome Donna Gibb, HR Service Manager Elaine Masson, Senior Employment Trainer Empire 01224 701383 e.masson@empirehr.com 2 Today s Session Employment Law Update - Where are we now and where are we going?

More information

David Seals Partner Employment Department Downs Solicitors LLP

David Seals Partner Employment Department Downs Solicitors LLP Changing Terms and Conditions of Employment Avoiding the Pitfalls Surrey Care Association Tuesday, 24 May 2011 SPEAKER David Seals Partner Employment Department Downs Solicitors LLP 1 OVERVIEW Current

More information

REPEAL OF THE STATUTORY DISCIPLINARY AND GRIEVANCE PROCEDURE: ACTION!

REPEAL OF THE STATUTORY DISCIPLINARY AND GRIEVANCE PROCEDURE: ACTION! REPEAL OF THE STATUTORY DISCIPLINARY AND GRIEVANCE PROCEDURE: ACTION! We recently wrote about the repeal of the Statutory Disciplinary and Grievance Procedure. The repeal will be effective from 6 April

More information

Bristol City Council TUPE (Transfer of Undertakings (Protection Of Employment)) Guidance for Commissioners

Bristol City Council TUPE (Transfer of Undertakings (Protection Of Employment)) Guidance for Commissioners Bristol City Council TUPE (Transfer of Undertakings (Protection Of Employment)) Guidance for Commissioners 1. Introduction TUPE is shorthand for the provisions of the Transfer of Undertakings (Protection

More information

09/07/2014. Enterprise and Regulatory Reform Act 2 25 th June 2013. Enterprise and Regulatory Reform Act 7 29 th July 2013

09/07/2014. Enterprise and Regulatory Reform Act 2 25 th June 2013. Enterprise and Regulatory Reform Act 7 29 th July 2013 Settlement agreements and unfair dismissal Liz Stephenson Enterprise and Regulatory Reform Act 2 25 th June 2013 Section 13 provides that the qualifying period to claim unfair dismissal does not apply

More information

An Introduction to Swiss Employment Law

An Introduction to Swiss Employment Law An Introduction to Swiss Employment Law Law Europe EEIG Swiss Code of Obligations (OR) Contract Law Employment Contract, Articles 319-362 RA Martin Amsler c/o Grendelmeier Jenny & Partner Zollikerstr.

More information

Policy & Procedure. Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings

Policy & Procedure. Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings 1. Your attention is drawn to SI 131 of 2003 entitled European Communities (Protection of Employees

More information

TUPE: in a nutshell. Newsletter 1 December 1 st 2014. www.fb-education.co.uk 01332 227596

TUPE: in a nutshell. Newsletter 1 December 1 st 2014. www.fb-education.co.uk 01332 227596 TUPE: in a nutshell Newsletter 1 December 1 st 2014 www.fb-education.co.uk 01332 227596 TUPE in a nutshell By Natalie Peacock Employment Solicitor for Education What is TUPE? TUPE is an abbreviation for

More information

Acquired Rights Directive: A Practical Approach for Navigating European HR Laws

Acquired Rights Directive: A Practical Approach for Navigating European HR Laws 0 Acquired Rights Directive: A Practical Approach for Navigating European HR Laws Duncan Aitchison Sarah Seabury Jon Lightman 7 December 2006 Copyright 2006, Technology Partners Copyright International,

More information

Practical guide... termination of employment

Practical guide... termination of employment The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer. The decision is also a

More information

Employment Law Practice Group

Employment Law Practice Group Employment Law Practice Group BELGIUM BEIUS Koningsstraat 15 rue Royale - 1000 Brussels, Belgium Managing Partner: Mr. Daniël Van der Mosen daniel.vandermosen@beius.be Employment Law Contact: Mr. Koen

More information

Employment law there s more to it. Tabytha Cunningham Associate Solicitor T: 023 8057 4343 E: tabythacunningham@coffinmew.co.uk

Employment law there s more to it. Tabytha Cunningham Associate Solicitor T: 023 8057 4343 E: tabythacunningham@coffinmew.co.uk Employment law there s more to it than TUPE Tabytha Cunningham Associate Solicitor T: 023 8057 4343 E: tabythacunningham@coffinmew.co.uk The inherent problem Inherent clash between employment and insolvency

More information

TUPE Guidance for Social Care Managers. Guidance from the Voluntary Sector Social Services Workforce Unit

TUPE Guidance for Social Care Managers. Guidance from the Voluntary Sector Social Services Workforce Unit TUPE Guidance for Social Care Managers Guidance from the Voluntary Sector Social Services Workforce Unit August 2009 Contents Purpose of the guide 3 Background 3 What is TUPE? 3 When does it apply? 3 Who

More information

Grievance. Informal Resolution? Identifying Grievances. Potential Claims. Verbal Grievances DISCIPLINE AND GRIEVANCE WORKSHOP

Grievance. Informal Resolution? Identifying Grievances. Potential Claims. Verbal Grievances DISCIPLINE AND GRIEVANCE WORKSHOP Grievance Any concern, problem or complaint that an employee raises with their employer DISCIPLINE AND GRIEVANCE WORKSHOP Why important? Staff morale Employment tribunal claims Constructive unfair dismissal

More information

Employment Law in Bermuda

Employment Law in Bermuda Employment Law in Bermuda Foreword This memorandum has been prepared for the assistance of those who are considering issues pertaining to employment law in Bermuda. It deals in broad terms with the requirements

More information

Your settlement agreement - the key issues

Your settlement agreement - the key issues www.settlement-agreement.org Your rights Settlement agreements are agreements governed by employment law statutes applicable in the UK. The legal system is designed to protect you from signing away valuable

More information

Beachcroft working with NHS North West. Transforming Community Services TUPE Toolkit and TUPE Guidance

Beachcroft working with NHS North West. Transforming Community Services TUPE Toolkit and TUPE Guidance Beachcroft working with NHS North West Transforming Community Services TUPE Toolkit and TUPE Guidance Summer 2010 Working with NHS North West, Beachcroft have developed a TUPE Toolkit and training session

More information

Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 ARRANGEMENT OF SECTIONS PART 1

Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 ARRANGEMENT OF SECTIONS PART 1 Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, construction

More information

Termination of Employment: Including Unfair Dismissal

Termination of Employment: Including Unfair Dismissal Termination of Employment: Including Unfair Dismissal There are many different ways that your employment may end, and each way has different legal requirements and implications. Dismissal If you are a

More information

Employee Rights. Everything you need to know

Employee Rights. Everything you need to know Employee Rights Everything you need to know If you have a complaint about any element of your work, then you must obtain urgent legal advice. The best way to obtain advice is to contact us immediately.

More information

DISABILITY. Summary of the law on

DISABILITY. Summary of the law on Summary of the law on DISABILITY DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply

More information

Comments of the Law Society of England and Wales on the consultation document issued in March 2005

Comments of the Law Society of England and Wales on the consultation document issued in March 2005 TUPE: DRAFT REVISED REGULATIONS Comments of the Law Society of England and Wales on the consultation document issued in March 2005 June 2005 Introduction The Law Society is responsible for representing

More information

Varying a contract of employment

Varying a contract of employment Varying a contract of employment We inform, advise, train and work with you Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date with today s

More information

Amendments To Tupe: 4 Key Changes

Amendments To Tupe: 4 Key Changes Amendments To Tupe: 4 Key Changes The Collective Redundancies and Transfer of Undertakings (protection of Employment) (Amendment) Regulations 2014 (the 2014 Regulations) came into force on 31 January 2014.

More information

NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES

NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES September 2004 NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES With effect from 1 October 2004, new statutory dismissal and disciplinary procedures ("DDP") and grievance procedures ("GP")

More information

EMPLOYMENT RIGHTS ON THE TRANSFER OF AN UNDERTAKING

EMPLOYMENT RIGHTS ON THE TRANSFER OF AN UNDERTAKING EMPLOYMENT RIGHTS ON THE TRANSFER OF AN UNDERTAKING A guide to the 2006 TUPE Regulations (as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations

More information

Variation of employment contracts Calculating holiday entitlement

Variation of employment contracts Calculating holiday entitlement MWR Solicitors A legal guide EMPLOYMENT LAW: Variation of employment contracts Calculating holiday entitlement Lawyers for life INTRODUCTION A contract of employment is a legally binding document which

More information

Derbyshire Constabulary REORGANISATION, REDUNDANCY AND REDEPLOYMENT POLICY POLICY REFERENCE 05/001. This policy is suitable for Public Disclosure

Derbyshire Constabulary REORGANISATION, REDUNDANCY AND REDEPLOYMENT POLICY POLICY REFERENCE 05/001. This policy is suitable for Public Disclosure Derbyshire Constabulary REORGANISATION, REDUNDANCY AND REDEPLOYMENT POLICY POLICY REFERENCE 05/001 This policy is suitable for Public Disclosure Owner of Doc: Head of Department, Human Resources Date Approved:

More information

Employment Law Guide for Employees

Employment Law Guide for Employees Agency Workers The Agency Workers Regulations 2010 S12010/93 came into effect on 01 October 2010. The regulations introduce a number of rights for temporary agency workers in the UK relating to their basic

More information

Employee vs. Self-Employed: How to Check?

Employee vs. Self-Employed: How to Check? It is not uncommon for a business to sponsor students to advance their training, particularly where there is an expectation (or commitment) that the student will work for the company at the end of the

More information

Changes to TUPE from 31st January 2014

Changes to TUPE from 31st January 2014 Employment Law www.simpsonmillar.co.uk February 2014 Changes to TUPE from 31st January 2014 The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) implemented the EU Acquired Rights

More information

Revising employee contract terms for business benefit

Revising employee contract terms for business benefit Revising employee contract terms for business benefit CIPD WEST OF ENGLAND BRANCH EVENT DELIVERD BY EEF - HR & LEGAL TEAM 15 May 2013 Matthew Huggett Emma Hulmes Samantha Moore OUR HR & EMPLOYMENT LAW

More information

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals.

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. TOP 10 EMPLOYMENT CLAIMS We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. 1. Unfair Dismissal Claims All employees with two years or more service are

More information

PRINCIPAL EMPLOYMENT LAWYER

PRINCIPAL EMPLOYMENT LAWYER Hammersmith & Fulham borough of opportunity PRINCIPAL EMPLOYMENT LAWYER Legal Services Application Pack Information for applicants Politically Restricted Posts Job Description Selection Criteria POLITICALLY

More information

W4MP Guide: Employment Rights

W4MP Guide: Employment Rights W4MP Guide: Employment Rights This guide aims to provide a basic outline of the main employment rights issues that are relevant to staff who are responsible for recruiting new staff, employees of MPs who

More information

Agency Worker Regulations

Agency Worker Regulations The Agency Workers Directive is a piece of European legislation which became law on 5th December 2008. All EU member states have 3 years from that date to implement the Directive via their own national

More information