Podcast Location:
Download it here [file size: 35.9 MB]
Part of:
TUPE Master Class Bundle CPD Training Bundle
Categories:
Employment Law
Insolvency & Restructuring
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at employment and insolvency practitioners, employers and employee representatives. This podcast is aimed at This podcast aims to provide a helpful route map through some of the thorny TUPE issues which can arise in an insolvency or administration context, with particular attention paid to recent decisions of the appellate courts during the past year.

Outcomes:
After completing the course you will:
  • Understand the overarching principles contained within the Acquired Rights Directive and the TUPE Regulations 2006;
  • Understand the tension between vindicating employee rights and promoting a rescue culture;
  • Understand what is meant by ‘relevant insolvency proceedings’;
  • Understand whether administration is a procedure with or without a view to liquidation;
  • Understand how a pre-packaged administration squares with the TUPE regime protection;
  • Know when insolvency proceedings have been opened or instituted;
  • Know what liabilities transfer and to whom in the event of TUPE applying to an insolvency and who picks up the cost of excess liabilities;
  • Understand the scope to vary terms and conditions post-transfer.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Procedural
Sources and References:
  • Acquired Rights Directive (2001/23) Arts 3, 4, 5(1);
  • The Transfer of Undertakings (Protection of Employment) Regulations 2006 Reg. 4, 8(6), 8(7), 13(9), 14;
  • Dethier Équipement v Dassy and Sovram SPRL (In Liquidation) [1998] IRLR 266;
  • Secretary of State v Slater [2007] IRLR 928;
  • BIS Guidance; A Guide to the 2006 TUPE Regulations for employees, employers and representatives (2009);
  • Insolvency Act 1986 Schedule B1;
  • Oakland v Wellswood (Yorkshire) Ltd [2009] IRLR 250;
  • OTG v Barke [2011] IRLR 272;
  • Key 2 Law v De Antiquis [2011] EWCA Civ 1567 Pressure Coolers v Molloy [2011] IRLR 630 Employment Rights Act 1996 s 148.
Tags:

This podcast will explore some of the thorny TUPE issues which can arise in an insolvency or administration context and reviews some recent case law on the relevant issues.

Podcast added: 11/06/12

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