1. Workshop 2a:
Understanding and minimising TUPE and pension costs in insourcing, outsourcing and contracting
Speakers: Doug Mullen (Anthony Collins Solicitors LLP)
Kate Watkins (Anthony Collins Solicitors LLP)
Chaired by: Steve Downing (Rand Associates)
Room: Surrey Room

2. Coverage
Does TUPE apply?
Assignment of employees
Changing terms and conditions
Redundancies and TUPE
Pensions

3. When does TUPE apply? Service provision changes Change in client
Fragmentation
Gaps in contracts
Organised group
Assignment
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4. Service provision change
Client outsources service;
Client changes contractor who provides them with a service; or
Client brings service back in-house.
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5. Key principles Immediately before the transfer;
Organised grouping of employees;
Principle purpose of carrying out the activities on behalf of the client;
Not a single specific task or short term duration;
Not the supply of goods.
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6. Key principles Identify the relevant activities;
Are they fundamentally the same?
Is there an organised grouping with its principle purpose of carrying out the activities?
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7. Assignment Who transfers – automatic transfer;
Organised grouping of employees;
Assigned;
Immediately before the transfer;
Objections.
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8. Key risks Equal pay; Pensions; Redundancy; Local practices;
Absent employees;
Recent terminations;
Settlement.
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9. Post transfer - issues Dismissals / redundancy; What are the costs?
When can you do it?
ETO reason – whose reason?
Beware of selection
What are the costs?
Statutory and enhanced redundancy pay;
Pension related costs
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10. Harmonisation Void; Reason for the change is paramount;
ETO reason entailing a change in the workforce;
Changes in the functions or numbers
Beneficial changes;
Settlement Agreement;
Constructive dismissal / material detriment change
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11. End of the contract – key questions
Is the service / function going to continue?
What will the service look like going forward?
What prohibitions do you have around making changes?
What obligations do we have around providing information?
Is there anyone we would like to retain?
Who bears any redundancy costs?
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12. Pensions Obligations – what transfers?
Continuing to offer public sector pensions;
LGPS – risk sharing strategies.
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13. Questions e-briefings: Advice:
events/briefings.aspx
Advice:
Disclaimer: The advice given in these slides is necessarily generic rather than applying to specific situations. Advice should be taken before action is implemented or refrained from in particular cases.  Whilst every effort has been made to ensure its accuracy, no responsibility can be accepted for action taken or refrained from solely by reference to the contents of this presentation.
© Anthony Collins Solicitors LLP 2016