Podcast Location:
Download it here [file size: 20.5 MB]
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 CPDcast aims to examine the obligation of employers to inform and consult employees when a TUPE transfer is taking place. It will examine key statutory provisions and also recent case law.

Outcomes:
After completing the course you will:
  • Know when the obligation to either inform and consult arises;
  • Understand the definition of the phrase 'affected employees';
  • Know who has the responsibility to inform and consult;
  • Understand the defence that exists for employers under Regulation 13.9;
  • Know what requirements must be satisfied by the employer;
  • Appreciate recent decisions in the English Courts and in Europe on the nature of the obligation to consult.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Junk v Kuhnel [2005] IRLR 310;
  • Evans v Permacell Finesse Ltd [2007] UKEAT/350/07.

In this CPDCast, Stephen Levinson examines the obligation of employers to inform and consult employees in the event of a TUPE transfer, namely how employers can comply with this obligation. The obligation the podcast examines stems from Chapter III, Article 7, of Council Directive 2001/23/EC which in turn is a consolidation of Directive 77/187/EC and its subsequent amendments. The implementation of Article 7 is now contained in Regulations 13, 14 and 15 of The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006 No. 246).

Podcast Added 20/02/2009

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