Podcast Location:
Download it here [file size: 27 MB]
Part of:
TUPE Master Class Bundle CPD Training Bundle
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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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 interested in the dismissal implications of a TUPE transfer of employees. It explores when a dismissal will be automatically unfair following a transfer, the relationship between the rights outlined in the ADR and the TUPE Regulations 2006 and the scope of the exemption for dismissals based on an ETO reason. It also aims to set out who has the right not to be unfairly dismissed in the context of a relevant transfer, how the concept of a constructive dismissal fits within the context of a relevant transfer and the most efficient way to structure a dismissal.

Outcomes:
After completing the course you will:
  • Understand who has the right not to be unfairly dismissed in the context of a relevant transfer;
  • Know what will amount to a dismissal for the purposes of TUPE;
  • Know the character of a dismissal following a relevant transfer;
  • Know how the principles in the ARD have been implemented into UK law;
  • Understand how the concept of a constructive dismissal fits within the context of a relevant transfer;
  • Understand when ""the transfer or a reason connected with it will be the reason or principal reason for the dismissal”;
  • Understand what is meant by an ETO reason;
  • Understand the issues if there is collusion between the transferor and transferee in relation to a dismissal;
  • Understand to what extent harmonisation of terms and conditions is permissible post transfer;
  • Understand the role of fairness within the context of TUPE;
  • Know who pays for a dismissal – the transferee or the transferor;
  • Understand the consequences of a finding of unfair dismissal.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Acquired Rights Directive 2001/23/EC;
  • Transfer of Undertakings (Protection of Employment) Regulations 2006 Reg 7;
  • Daddy's Dance Hall [1988] ECR 739;
  • Spaceright Europe Ltd v Baillavoine [2012] IRLR 111 CA;
  • Whitehouse v Blatchford [2000] ICR 542 CA;
  • Berriman v Delabole Slate Limited [1985] ICR 546 CA;
  • Litster v Forth Dry Dock [1989] IRLR 341 HL;
  • Tapere v South London and Maudsley NHS Trust [2009] ICR 1563 CA;
  • Abellio London Limited v (1) Musse & Others and (2) Centrewest London Buses Ltd UKEAT/0283/11/CEA;
  • Oxford v Humphreys & Associated Examining Board [2000] ICR 405 CA;
  • Meter U Ltd v Ackroyd & Ors (Transfer of Undertakings : Economic technical or organisational reason) [2012] UKEAT 0206_11_2802.
Tags:

This podcast looks at the operation of the law of unfair dismissal in the context of a ‘relevant transfer’ under the TUPE Regulations 2006 as well as giving consideration to the relevant provisions of the 1981 regulations and the key points of contrast with the modern regime.

Podcast added: 18/06/12

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