Negotiating TUPE Clauses in Outsourcing Contracts - Sharpen Your Knowledge

Introduction

Many professional advisers regularly negotiate contracts either on behalf of suppliers or clients which often involve complicated arrangements on the division of employment liabilities between the parties.

Aimed at in-house and private practice lawyers, this virtual classroom seminar will explore common issues raised when negotiating TUPE clauses.

Presented by expert speaker Sandra Martins, this session offers a practical, commercially focussed approach to negotiating TUPE clauses in outsourcing contracts.

Delegates will be given case studies to work through, both as supplier and as client and the course provides a forum for delegates to share experiences and negotiation tips.

What You Will Learn

This live and interactive session will cover the following:

• A reminder of the main provisions of TUPE
• What is a service provision change affecting outsourcing contracts?
• When might TUPE apply?
• When might it not apply?
• What information must be disclosed in relation to the transferring employees?
• What are the parties’ obligations in relation to information and consultation? How should this be covered in the outsourcing contract?
• Potential employment liabilities:
• At the start of the contract
• During the term of the contract
• On termination of the contract
• How contracts can operate to circumvent the effect of TUPE
• Typical boilerplate clauses and what they mean
• Negotiating contractual terms from the position of supplier
• Negotiating contractual terms from the position of client
• Drafting in practice
• Practical and commercial implications to consider
• An open forum for delegates to discuss their own experiences and share negotiating tips

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.