Global menu

Our global pages

Close

TUPE across Europe: staff transfers in multiple jurisdictions

Who should attend

This course is aimed at in-house lawyers and HR professionals who deal with staff transfers in international corporate transactions and outsourcing. This course assumes a basic knowledge of TUPE. It is not suitable for those new to TUPE.

Synopsis

Under the European Acquired Rights Directive, employees sometimes transfer automatically from one employer to another on their existing terms and with continuous service. It is tempting to think that the rules that apply will be the same across Europe but because Member States implement their legislation differently, this is far from true. This assumption can have costly consequences for businesses.

This course will focus on the UK, Germany, Netherlands and France and will raise awareness of the nuances in domestic versions of TUPE and provide an overview to help you with managing the transfer process and employee liabilities, costs and risks.

Programme

14.00 start, 17:00 close (there will be a comfort break during the session)

  • The Acquired Rights Directive: the basic framework
  • When do automatic transfer rules apply?
  • Who and what transfers
  • Information and consultation requirements
  • Limitations on changes to terms and conditions and dismissals
  • Managing the transfer process from the transferor and the transferee perspective

Delegates will gain an insight into:

(The focus will be on the UK, Germany, the Netherlands and France only)

• The minimum standards under the Acquired Rights Directive;
• What constitutes a business transfer;
• Specific jurisdiction differences;
• The application of TUPE/ARD in different business contexts such as M&A, outsourcing/insourcing;
• What to consider in a commercial contract to cover TUPE risks;
• Information and consultation obligations

 

Forthcoming events and seminars