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TUPE

TUPE. Christine Joy Principal HR Manager 16 February 2011. What is a transfer of undertaking? Situations where TUPE applies/doesn’t apply Managing a TUPE situation The ETO reason Potential implications for consortia References and links. What is TUPE?.

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TUPE

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  1. TUPE Christine Joy Principal HR Manager 16 February 2011

  2. What is a transfer of undertaking? • Situations where TUPE applies/doesn’t apply • Managing a TUPE situation • The ETO reason • Potential implications for consortia • References and links

  3. What is TUPE? • Transfer of Undertakings (Protection of Employment) Regulations 2006 applies to • Business transfers • Service provision changes Some transfers will be both of these. • Cabinet Office Statement of Practice (COSOP)

  4. Situations where TUPE applies • Mergers • Sales of businesses by sale of assets • Change of licensee or franchisee • Gift of business through execution of a will • Contracting out of services • Changing contractors • Where all or part of a sole trader’s business/partnership is sold or otherwise transferred

  5. Where TUPE doesn’t apply • Transfers by share take over • Transfers of assets only • Transfers of a contract to provide goods or services where this does not involve the transfer of a business/part of a business • Supply of goods for a client’s use • Transfers outside of the UK

  6. Managing a TUPE situation • All employees employed in the organisation that is to transfer are covered by the law. • Consultation and notification • Pensions • Information

  7. The ETO reason • The economic, technical or organisational (ETO) reason • One of the few legitimate factors for the basis of a refusal to take on a transferor’s workforce by the prospective transferee • Transferee would be liable for claims • Employees must have one years service to accrue employment protection rights

  8. Potential implications for consortia • TUPE is complex – seek legal advice at the earliest possible stage • You cannot prevent TUPE applying • You can negotiate – particularly important around how to deal with liabilities that may exist – include “indemnities” in the agreement • Assignment of PCT staff to consortia during transition

  9. Links and References • http://www.cipd.co.uk/subjects/emplaw/tupe/tupe.htm CIPD Fact Sheet on TUPE • Cabinet Office Statement of Practice (COSOP) Staff Transfers in the Public Sector revised November 2007 • http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_122755.pdf - Annex to 15 December letter – Update on HR Strategy • http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/@ps/documents/digitalasset/dh_123178.pdf Appendix A - Influencing your own future • http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/@ps/documents/digitalasset/dh_123177.pdf Appendix B - Frequently Asked Questions

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