Transfer of Undertakings

Transcription

1 Transfer of Undertakings Led by Penny Macmillan 5-6 July 2016 JSB Group Limited 2016 Dove House, Arcadia Avenue, London, N3 2JU, UK Tel: +44 (0) Fax: +44 (0) /7053 JSB Group Ltd is registered in England No

2 Table of contents Administration notes... 3 Terms and conditions... 4 Venue information... 5 Speaker biography... 6 Programme... 7 Transfer of Undertakings 2 JSB

3 Administration Notes Purpose Understand the law surrounding business transfers and how to get to grips with the key issues relating to TUPE the legal, business and people contexts. Timings and registration Please report to reception/concierge on arrival. Registration will be open from 9am. Please aim to arrive at the venue by 9:15am at the latest to complete registration. The course will begin at 9:30am and finish at approximately 16:30pm. Preparation Please complete the online pre course questionnaire and return to us as soon as possible before the course commences. Lunch and refreshments Refreshments will be provided throughout the day along with a buffet lunch. A vegetarian lunch option will be available but please let us know if you have any other special dietary requirements on your pre-course questionnaire. Smoking policy It is illegal to smoke anywhere within the venue premises. Access requirements and special facilities Delegates with any special requirements should contact Marios Charalambos at JSB on before the course. Dress code The dress code for this programme is smart/casual. Messages Please note that it will not be possible to interrupt the course to pass on messages, and we remind you that all mobiles should be switched off during the course. Transfer of Undertakings 3 JSB

4 Terms and conditions Payment Unless otherwise expressly agreed by JSB, payment either by cheque, BACS or credit card must be received within 14 days from the date of invoice, or five days before the event to which this invoice relates, whichever is earlier. Please make cheques payable to JSB Group Ltd. It is a condition of attendance that the event fee has been pre-paid. In the event of late payment we reserve our statutory right to interest at the rate of 8% above base under the Late Payment of Commercial Debts (Interest) Act Cancellations, transfers, substitutions and refunds The above requests must all be made in writing. Cancellations The following charges apply if you cancel: 29+ days before an event = 20% of the event fee days before an event = 50% of the event fee days before an event = 100% of the event fee. Transfers Transfers made 15+ days prior to an event will be charged at 20% of the event fee. Transfers made 1-14 days prior to an event will be charged at 50% of the event fee. The transfer option only applies to delegates who are transferring to a different date for the same event. Delegates must specify their choice of transfer date at the time of transfer. The option to transfer can only be used once, after which non-attendance will be treated as a cancellation and all outstanding invoices will be due. The original event invoice must be paid in full prior to a transfer invoice being issued. If you would like to make a substitution, please call us on and we will be happy to help you. Substitutions can be made at any time without incurring a penalty. Transfer of Undertakings 4 JSB

5 Venue details etc Venues Marble Arch Garfield House 86 Edgware Road London, W2 2EA Telephone: Fax: Website: By rail The venue is easily accessible from all Central London mainline stations and taxis are available outside the stations. If you wish to travel to the venue using the underground please visit this is the Transport for London website and is a valuable tool for planning your journey. Attached is a tube map that you may find useful along with a street map. By underground The nearest underground station is Marble Arch (Central Line). When you exit the station, turn right on to Oxford Street and then right again on to Edgware Road walking past the Odeon Cinema. Etc Venues Marble Arch is in Garfield House, on the right hand side next to the Tescos. By air The Heathrow Express runs direct to London Paddington in just 15 minutes (20 minutes from Terminal 5), with a train every quarter of an hour. The Gatwick Express runs a similar service into London Victoria. Light rail services (DLR) run regularly from London City Airport. By car We recommend using Google maps or a sat-nav to plan your individual journey, please use the postcode W2 2EA. There is a NCP car park situated within close proximity to Marble Arch - visit for more details. Please be aware the venue sits within the congestion charge zone for further information visit Accommodation We have not been allocated any special rates with nearby hotels for this event. If you wish to book a room we suggest the following web links for locating suitable accommodation: Transfer of Undertakings 5 JSB

6 Speaker biography Penny Macmillan MA Chartered FCIPD Penny Macmillan MA Chartered FCIPD is a Solicitor and has for many years specialised in employment law, with particular experience of: TUPE, unfair dismissal, discrimination, whistleblowing and drafting employment contracts, policies, procedures and handbooks. She is former Head of the Legal Department at The Race Equality Centre. Before qualifying as a lawyer, Penny held positions as a Group Personnel Manager for a health authority; Employee Relations Manager for a major retailer; and Personnel and Training Manager for a large catering services company. Penny is equally well qualified and experienced as a management trainer, HR specialist and lawyer. She delivers workshops and seminars on a wide range of employment law and best practice subjects and is a personal tutor on JSB s Advanced Certificate in Employment Law (ACEL). Key areas of expertise: Employment law Employee relations Discipline and dismissal Discrimination Contracts of employment TUPE Employment tribunals Transfer of Undertakings 6 JSB

7 Programme Day 1 Legal review When do the regulations apply? Undertakings and service provision changes Time and effect of 'relevant transfer' Who transfers identifying who is assigned? The right to object The duty to inform and consult and ELI Dismissals in a transfer situation when are they automatically unfair under the new test and who is liable? Substantial changes to working conditions What is the 'ETO' defence under the new test? Legal review continued What transfers? Which terms have to be replicated and how? Overview of pensions/equal pay/trade union recognition Changing terms and the ETO new test Is it possible to harmonise terms and conditions following a transfer? Day 2 A practical application of the basic TUPE principles Preparing for a TUPE transfer Due diligence Issues on first and subsequent generation outsourcing Off shoring and in sourcing Warranties and indemnities The business process Contrasting ordinary business sale with contracting out Transfer of Undertakings 7 JSB

8 Identifying the pitfalls Assessing the commercial risk Drafting the agreement Case study Handover issues Insolvency Transfers involving public sector employees Pre transfer collective redundancy consultation Integrating workforces Recent case law developments Transfer of Undertakings 8 JSB