TUPE Update 2013

Wednesday 13 February 2013

A one-day conference
Diskus Room, UNITE, London
9.30am – 3.45pm

About 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, and provide them with continuity of employment and of terms and conditions. But, as the government embarks on a comprehensive review of employment law including information and consultation rights, TUPE Regulations and collective redundancy rules, the hard-fought rights of workers look set to be weakened further.

The government’s call for evidence on TUPE closed in January 2012 and BIS (the Department for Business Innovation and Skills) said that if the evidence indicates a call for changes to the Regulations, they will hold further consultations later in the year. Past experience suggests that the consultation will be framed in terms of the requirements of business and profits – rather than the protection of workers’ terms and conditions.

Over the years, TUPE has been interpreted by the courts – both in the UK and in the European Court of Justice (recently renamed the Court of Justice of the European Union – CJEU) and increasingly case law determines how the Regulations are applied. The Supreme Court has recently referred a case taken by UNISON – Parkwood Leisure Ltd v Alemo-Herron – to the CJEU. This case began in 2002 when staff of Lewisham Borough Council had their contracts TUPE transferred to CCL Limited and then again in May 2004 to Parkwood Leisure Limited. Staff were initially awarded pay increases in line with the NJC pay settlements but when a new NJC collective agreement took effect in 2007, Parkwood refused to pay up. The outcome of the CJEU case is likely to have significant impact on the future interpretation of TUPE Regulations in the UK.

This conference provided the latest information on the interpretation of TUPE Regulations both in the UK and in Europe and an opportunity to share information, strategy and tactics across unions and industry sectors. Our TUPE experts – both legal and trade union – provided the latest information on government consultations on TUPE, information and consultation and collective redundancies.

Whether you want to assist your members through the TUPE maze, improve your understanding of the implications of recent court cases, or hear expert opinion on forthcoming government consultations – this conference was the go-to event of 2013.

Conference presentations and documents for download

For the first time ever, we are now offering audio with our Powerpoints and have tested this on Brian Healy’s presentation A Negotiator’s Toolkit. It has come to our attention that there is a problem with the audio on the Powerpoint, so please download the MP3 of Brian Healy’s full speech below, or alternatively download the different sections of the speech to attach to the Powerpoint.

All downloads are available below

Speakers

Chaired by IER Director Carolyn Jones

Richard Arthur, Thompsons Solicitors
When does TUPE apply? The complexity of a simple question

Damian Brown, QC Littleton Chambers
Case law precedents: the implications of Parkwood Leisure Ltd v Alemo-Herron

Hannah Reed, TUC
TUPE: a view from the TUC

Workshops

Choose one of the following workshops:

Shantha David, UNISON Legal Officer
Applying case law in your workplace

Brian Healy, CWU
Leading members through the TUPE maze

Dave Johnson, UNISON
Pre-Transfer: the benefits of effective engagement

Click here to download the full programme

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