At this HR Forum David Williams led a session on the potential minefield that is TUPE, looking at when it applies and the particular issues that arise in the context of outsourcing, in-sourcing, off-shoring and business transfers.
In particular, the session looked at the implications arising under TUPE, including common pitfalls relating to the information and consultation process, the obligation to provide employee liability information, the identity of the transferring employees (and steps which can be taken add or remove individuals), the potential for liabilities to transfer and issues arising from dismissals and/or changes to terms and conditions of employment.
The session included a case study which provided an opportunity to consolidate knowledge and share experiences.
Transfer of Undertakings (Protection of Employment) Regulations 2006 - presentation (pdf)
Case study with answers (pdf)
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