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Changing The Business

Changing terms and conditions

Can terms and conditions of employment be changed? How can agreement be reached with employees? What if agreement is not reached? What are the risks of termination?

Business transfers: the TUPE 2006 Regulations

What is TUPE? What is the purpose of TUPE?  Which employees are protected by TUPE? What transfers under TUPE? When does a relevant transfer take place?Does TUPE apply to all business transfers? When does TUPE apply to a service provision change? What if there is a dismissal before the transfer? When can employees object to a transfer? Which employees will transfer? what are the consequences of dismissal? What is the ETO defence to automatic unfair dismissal? Does the timing of a dismissal have any effect? Does TUPE apply to the subsequent harmonising of terms and conditions? Is it possible for employees to contract out of TUPE? What effect do collective and recognition agreements have? What is the effect of TUPE on pensions? Who is affected by the TUPE consultation obligations? When must an employer consult? What are the consultation obligations?  What information must an employer provide?What is meant by ‘measures’? What are employee representatives? What election arrangements should be made? What are the consultation obligations?What are the penalties for failure to comply? Can ‘special circumstances’ apply?What information obligations does a transferor have to the transferee? What is the remedy for non-compliance? How is TUPE affected by insolvency?  Can an administrator rely on an ETO reason?


What is redundancy? How does redundancy arise? What are an employer’s main obligations on redundancy? What are an employer’s consultation obligations?What is the role of representatives on redundancy? What are appropriate representatives? Who can be an appropriate representative? When should the employer notify the DBIS? How should employers carry out redundancy selection? What is suitable alternative employment? What if the employee is on maternity leave? The Redundancy Checklist

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