London: TUPE Updated 2011 – Your Questions Answered

Tuesday 28 June 2011

A one day conference
NUT, London
9.30am

Report from the Conference

The Transfer of Undertakings (Protection of Employment) Regulations, known as the TUPE Regulations, govern how workers are treated following the transfer of a business or a change in service provision. The original aim of the Regulations was to strengthen the rights of workers involved in transfers, providing them with continuity of employment and the same terms and conditions. But, 30 years after their introduction, the TUPE Regulations remain one of the more complex and difficult areas of employment law.

The conference’s first speaker was TUPE expert, Richard Arthur from Thompsons Solicitors, who gave a clear and straightforward explanation of the vital question of whether and when TUPE does (or doesn’t) apply, along with a look at issues in the public sector, collective agreements, and contractual changes.

Sampson Low from Unison looked at TUPE from the perspective of union organising, including what Unison call TUPE Plus, in which the union is involved during the procurement process and before transfer, so that additional agreements such as union recognition are agreed before the transfer takes place.

Nerys Owen from Labour Research Department spoke about the process of objecting to a transfer and the possibilities for bring claims for constructive dismissal and unfair dismissal.

After Lunch, Brian Healy from CWU gave his personal hints and tips from his experience working on TUPE transfers in the CWU, including his ‘terms and conditrions matrix’ that lists all the T&Cs of company A (the current employer) against the T&C’s of company B (the proposed new employer) to highlight differences, and ‘The Bundle’ that keeps all relevent documents and correspondance in one place as a reference point for the future.

Christine Haswell from PCS spoke about the issues of Pensions in relation to TUPE, including finding out which regulations apply – public sector to private sector is covered by ‘Fair Deal’ – and what happens if Fair Deal does not apply.

Finally, Nerys Owen gave her second talk that looked at Unfair Dismissal rights in relation to TUPE which, as Nerys pointed out, promise more than they actually deliver.

Throughout the day, delegates were able to put questions to the speakers, both general and specific to their own work places, and these received a verbal response from our panel members.

Speakers

Richard Arthur, Thompsons Solicitors
When does TUPE Apply?

Richard Arthur, Thompsons Solicitors
Effects on terms and conditions

Nerys Owen, Labour Research Department
Objections to transfer

Brian Healy CWU
TUPE in the workplace: a practical example

Chris Haswell PCS
TUPE and Pensions

Nerys Owen, Labour Research Department
Unfair dismissal rights