Podcast Location:
Download it here [file size: 25.2 MB]
Part of:
TUPE Master Class Bundle CPD Training Bundle
Categories:
Employment Law
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 practitioners and HR professionals. It aims to explore a tricky but fundamental aspect of understanding the TUPE Regulations 2006 – namely who will transfer under Regulation 4(1). It explores various issues connected to a relevant transfer, especially when will there be an ‘assignment’ – a term which does not appear in the Acquire Rights Directive.

Outcomes:
After completing the course you will:
  • Know who transfers for the purposes of TUPE regulation 4(1);
  • Know when there will be an assignment of an employee for the purposes of TUPE protection;
  • Understand whether an employee needs to be both assigned and employed by the transferor in order to qualify for TUPE protection;
  • Be aware of the application of TUPE protection concerning groups of companies where employees are permanently assigned;
  • Be aware of the issues concerning temporary assignments;
  • Know to what extent a failure to demonstrate there has been an assignment will impact on whether there can said to have been a transfer at all;
  • Be aware of the differences of the differences in identifying a relevant transfer between labour intensive and asset intensive businesses;
  • Be aware of the various domestic categories of transfer and the factors relevant to determining whether there has been an assignment in each case;
  • Understand the TUPE effect of a ‘poison pill’ transfer.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Acquired Rights Directive (2001/23);
  • The Transfer of Undertakings (Protection of Employment) Regulations 2006 Reg. 2(1), 4(1);
  • Askew v Governing Body of Clifton Middle School [2000] ICR 286;
  • Albron Catering (Social policy) [2010] EUECJ C-242/09;
  • Botzen v Rotterdamsche Droogdok Maatschappij BV [1986] 2 CMLR 50 ECJ;
  • Eddie Stobart v Moreman and others UKEAT/0223/11;
  • Duncan Web Offset (Maidstone) Ltd v. Cooper [1995] IRLR 633;
  • Michael Peters Ltd v (1) Farnfield (2) Michael Peters Group plc [1995] IRLR 190;
  • Securiplan v Bademosi EAT/1128/02;
  • Marcroft v Heartland (Midlands) [2011] IRLR 599;
  • Carisway Cleaning Consultants v Richards EAT/629/97.
Tags:

This podcast considers recent case law and live issues in respect of two aspects of the law relating to the transfers of undertakings including key guidance on who transfers for the purposes of regulation 4 of TUPE.

Podcast added: 11/06/12

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