TUPE Master Class Bundle: in Association with Matrix Chambers

Training Bundle Overview 

This CPDcast bundle was produced in association with a panel of expert employment and discrimination barristers from Matrix Chambers. It provides practitioners with a master-class in one of the most complex and difficult pieces of legislation in UK employment law - the Transfer of Undertakings (Protection of Employment) Regulations 2006.

CPD Points:

This bundle can provide up to 6 points details »

Price:

£325 (includes unlimited access until the end of 2013!)

Suitable for:

• In-House Legal Advisers
• Employment Lawyers
• Solicitors
• Barristers
• HR & Personnel Professionals

Practice Area:

• Employment Law

Contributors:

• Laura Prince
• Andrew Smith
• Claire Darwin
• Matthew Purchase
• James Laddie QC
• Thomas Linden QC

What is a CPDcast Bundle?

CPDcast training bundles contain a hand-picked selection of our CPDcasts that together will provide you with a discrete in-depth analysis of specific legal developments from scrutiny of the statutes and case law to practical application.

Contents 

TUPE Master Class Bundle contains the following CPDcasts:

• more details » TUPE: Information & Consultation Requirements

  with Laura Prince from Matrix Chambers

  This podcast is aimed at employment practitioners, employers and employee representatives. It addresses the scope of the information and consultation exercise that must be undertaken in advance of a TUPE transfer, how that consultation should be conducted and the consequences for an employee who fails to consult properly.

  After completing this course you will:

  • Know who is an affected employee and know how they can be identified;
  • The extent of the consultation requirement and what information has to be provided;
  • Know who is obliged to undertake the information and consultation process;
  • Know who is qualified to represent the interest of affected employees during the consultation exercise;
  • Know when information needs to be supplied to the employee representatives;
  • Understand the difference between information giving and consultation;
  • Know how concrete ‘measures’ need to be in order to conduct a meaningful consultation;
  • Know to what extent a measure to the advantage of an employee needs to be consulted on;
  • Understand the circumstances under which an employer can avoid informing and consulting;
  • Understand the remedy for a failure to inform and consult;
  • Know who has standing to bring a compensation claim for a failure to inform and consult;
  • Know the quantum of compensation that can be sought.
• more details » TUPE: Key Issues in Insolvency & Administration

  with Andrew Smith from Matrix Chambers

  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.

  After completing this 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.
• more details » TUPE: When Will There Be A Service Provision Change?

  with Claire Darwin from Matrix Chambers

  This podcast is aimed at employment practitioners, HR professionals and employee representatives. This podcast aims to discuss a flurry of recent Employment Appeal Tribunal decisions which appear to have significantly tightened up the circumstances in which a change of contractor is likely to amount to a service provision change. In November 2011 BIS published a Call for Evidence focussing on the extent to which the TUPE Regulations 2006 ‘gold plate’ the core EU rights relating to service provision changes and insolvency proceedings. This podcast addresses the apparent ‘gap’ between reality and perception in relation to the application of the service provision change provisions.

  After completing this course you will:

  • Understand how to identify “the client” or “a client” for the purposes of the service provision change provisions in TUPE;
  • Understand the definition of “activities”;
  • Understand the level of fragmentation required to take a transfer outside of the 2006 Regulations;
  • Understand the meaning of the phrase “organised grouping of employees” for the purposes of change provisions in TUPE;
  • Understand the distinction distinction between activities that consist of the supply of services and the supply of goods for the purposes of the exemption in regulation 3 of TUPE.
• more details » TUPE: Recent Cases on Standard Transfers & Public Administrative Transfers

  with Matthew Purchase from Matrix Chambers

  This podcast is aimed at employment practitioners, HR professionals and those representing workers in the public sector. It aims to explore the concept of a standard relevant transfer and in particular the carve-out from TUPE that applies to reorganisations of public authorities. This podcast then aims to review 3 recent cases on standard transfers and the reorganisation of public administrative authorities.

  After completing this course you will:

  • Understand when there will be a relevant transfer for the purposes of the Acquired Rights Directive and the UK TUPE Regulations 2006;
  • Understand the significance of the apparent carve out in regulation 3(5);
  • Know what practitioners should be looking for when considering whether there has been a standard transfer;
  • Know what characterises an ‘undertaking’ for the purposes of the legislation;
  • Understand whether any structural reorganisation of an undertaking will constitute a standard transfer;
  • Understand when and how a transfer must be conducted for it to be covered by the TUPE regulations;
  • Know how is can be established whether the undertaking has retained its identity following a transfer;
  • Understand the facts and issues in Scattolon, Albron and Clece.
• more details » TUPE: The Effects of A Transfer – Who Transfers?

  with James Laddie QC from Matrix Chambers

  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.

  After completing this 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.
• more details » TUPE: Unfair Dismissal

  with Thomas Linden QC from Matrix Chambers

  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.

  After completing this 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.

Contributors 

TUPE Master Class Bundle features the following legal experts:

Darwin, Claire (Matrix Chambers)

Claire is a barrister at Matrix Chambers. Claire is recommended for Employment Law in the forthcoming Chambers and Partners UK 2011. She is experienced in all aspects of employment law including contract claims, restrictive covenants, bonus entitlements, TUPE, equal pay and discrimination. She has been involved in a number of complex discrimination claims and is the author of the Practical Law Company's guide to discrimination in the provision of goods and services.

Claire's other areas of expertise include information law, general commercial, human rights and public law, particularly education law. Her education work includes admissions, special educational needs and judicial review claims. She appears regularly in the Special Educational Needs and Disability Tribunal (now part of the Health, Education and Social Care Chamber (HESC)).

Laddie QC, James (Matrix Chambers)

James Laddie is a barrister at Matrix Chambers practises principally in the fields of employment and discrimination law, and civil actions against the police. He has been ranked in the highest band of juniors in both employment law and police law in Chambers and Partners for several years, and is also highly ranked in employment and human rights in the Legal 500. 2010 entries include:

“undoubted star…whose extremely proactive approach and superb advocacy" win him many votaries. Commentators note that "he is aggressive where necessary but exercises good judgement at all times." (Employment Law, Chambers & Partners)

“…unbeatable in cross-examination” (Police Law, Chambers & Partners)

Linden QC, Thomas (Matrix Chambers)

Tom is one of the original founding members of Matrix Chambers, taking Silk in 2006. Tom's practice spans the full range of employment law work and acts for a wide spectrum of clients, from refuse collectors to Chief Executives and from trade unions to small businesses to multinational corporations to government departments. A lot of his work is in the High Court or at the appellate level, but he also appears in employment tribunal cases where the claim is substantial or raises issues of law. Tom does a great deal of work in the areas which intersect with commercial law, such as city bonus cases, restraint of trade and breach of confidence. A lot of his work concerns the EU aspects of employment law, and he also has valuable experience of collective labour law (trade union law, industrial action, recognition and collective bargaining).

Prince, Laura (Matrix Chambers)

Laura specialises in employment and discrimination law regularly appearing in employment tribunals and the Employment Appeal Tribunal for both applicants and respondents in cases involving unfair, constructive and wrongful dismissals, equal pay claims, unlawful deductions from wages, redundancy, TUPE transfers and all forms of discrimination. Laura also has experience of restraint of trade clauses in both the High Court and County Court.

Laura has extensive experience of equal pay claims and is currently representing claimants in numerous equal pay multiples including a multiple in Birmingham Employment Tribunal where Laura is representing over 1000 claimants.

Purchase, Matthew (Matrix Chambers)

Mathew’s practice includes all aspects of employment law, discrimination law, public law and human rights and civil liberties. He is on the Attorney General’s B Panel and is a member of the Bar Pro Bono Unit and ELAAS. Matthew is recommended in Chambers & Partners and the Legal 500 and described as: "just superb - smooth, engaging and perfectly pitched" (C&P, 2011/12), and "responsive, sensible, effective, incisive and clear" (Legal 500, 2009/10).

Mathew has broad experience in public law and human rights, including community care, education, housing and civil actions against the police, from early advisory work to judicial review. Mathew has a strong interest in all aspects of education law and acts for parents/children, local authorities and schools at all levels.

Smith, Andrew (Matrix Chambers)

Andrew practises predominantly in employment and discrimination law but also undertakes work in the fields of sports law, personal injury, commercial and education law.

Andrew is a contributor to the discrimination law section of Jordan’s Employment Law. He has delivered seminars on a variety of topics, including the Equality Act 2010, the Agency Workers Regulations 2010, disability discrimination, High Court bonus claims and equal pay.

In the field of sports law, Andrew acted on behalf of the claimant in Iain Dowie v Charlton Athletic FC (2010), a case before the FA Premier League Managers Arbitration Tribunal. Andrew also has experience of claims involving the Football Agents Regulations; and was recently instructed on a dispute relating to membership of the Professional Speedway Elite League (led by Rhodri Thompson QC). The summer 2011 volume of the Entertainment and Sports Law Journal includes an article by Andrew entitled 'All Bets Are Off: Match Fixing in Sport - Some Recent Developments'.

Purchase 

To get all the podcasts in this training bundle as a single item, please follow the download link below:

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