David joined Kemp Little from Lovells and has specialised in employment and industrial relations law since 1997. David undertakes both contentious and non-contentious work, advising on all aspects of employment law including collective disputes, discrimination, tribunal claims, executive terminations/appointments (including the enforcement of post-employment restrictions), whistleblowing, bonus/commission schemes, relocations, changes to terms and conditions and discretionary arrangements. David also has considerable experience advising on business sales/purchases, mergers, outsourcing, restructuring, reorganisations and redundancies at both a national and international level. David speaks and writes regularly on various employment law issues and participates on numerous working parties looking into legislative changes.
This Practice Note considers the key employment law issues which may arise when drafting and negotiating outsourcing arrangements, focusing in particular on the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), SI 2006/246. Issues considered include: different types of outsourcing situation, core planning considerations, the application of TUPE and the possible implications, who and what transfers under TUPE, dismissals, changing employment terms, provision of employee information, due diligence, data protection, obligations to inform and consult, and the commercial dynamic. Different approaches to outsourcing arrangements, such as the standard model and the blanket indemnity approach, are outlined. Managing TUPE risk and conduct of claims are also considered.
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