The following Employment practice note Produced in partnership with David Williams and James Champness of Kemp Little provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.
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
changing employment terms
provision of employee information
the obligation to inform and consult
the commercial dynamic
different approaches to outsourcing arrangements
managing TUPE risk, and
conduct of claims
This Practice Note should be read in conjunction with the TUPE and asset purchases—overview and the following, more detailed, Practice Notes:
TUPE—service provision changes
TUPE—transfer of rights and liabilities
TUPE—transfer of employees
TUPE—protection against dismissal
Information and consultation in transfers
This Practice Note does not replicate the comprehensive
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