1. TUPE Christine Joy Principal HR Manager 16 February 2011

2. What is a transfer of undertaking? Situations where TUPE applies/doesn’t apply Managing a TUPE situation The ETO reason Potential implications for consortia References and links

3. What is TUPE? Transfer of Undertakings (Protection of Employment) Regulations 2006 applies to –Business transfers –Service provision changes Some transfers will be both of these. Cabinet Office Statement of Practice (COSOP)

4. Situations where TUPE applies Mergers Sales of businesses by sale of assets Change of licensee or franchisee Gift of business through execution of a will Contracting out of services Changing contractors Where all or part of a sole trader’s business/partnership is sold or otherwise transferred

5. Where TUPE doesn’t apply Transfers by share take over Transfers of assets only Transfers of a contract to provide goods or services where this does not involve the transfer of a business/part of a business Supply of goods for a client’s use Transfers outside of the UK

6. Managing a TUPE situation All employees employed in the organisation that is to transfer are covered by the law. Consultation and notification Pensions Information

7. The ETO reason The economic, technical or organisational (ETO) reason One of the few legitimate factors for the basis of a refusal to take on a transferor’s workforce by the prospective transferee Transferee would be liable for claims Employees must have one years service to accrue employment protection rights

8. Potential implications for consortia TUPE is complex – seek legal advice at the earliest possible stage You cannot prevent TUPE applying You can negotiate – particularly important around how to deal with liabilities that may exist – include “indemnities” in the agreement Assignment of PCT staff to consortia during transition

9. Links and References http://www.cipd.co.uk/subjects/emplaw/tupe/tupe.htm CIPD Fact Sheet on TUPEhttp://www.cipd.co.uk/subjects/emplaw/tupe/tupe.htm Cabinet Office Statement of Practice (COSOP) Staff Transfers in the Public Sector revised November 2007 http://www.dh.gov.uk/prod_consum_dh/groups/dh_digital assets/documents/digitalasset/dh_122755.pdf - Annex to 15 December letter – Update on HR Strategyhttp://www.dh.gov.uk/prod_consum_dh/groups/dh_digital assets/documents/digitalasset/dh_122755.pdf http://www.dh.gov.uk/prod_consum_dh/groups/dh_digital assets/@dh/@en/@ps/documents/digitalasset/dh_12317 8.pdf Appendix A - Influencing your own futurehttp://www.dh.gov.uk/prod_consum_dh/groups/dh_digital assets/@dh/@en/@ps/documents/digitalasset/dh_12317 8.pdf http://www.dh.gov.uk/prod_consum_dh/groups/dh_digital assets/@dh/@en/@ps/documents/digitalasset/dh_12317 7.pdf Appendix B - Frequently Asked Questionshttp://www.dh.gov.uk/prod_consum_dh/groups/dh_digital assets/@dh/@en/@ps/documents/digitalasset/dh_12317 7.pdf