TUPE V SECONDMENT

1
TUPE V SECONDMENT

• Belinda Adams (belinda.adams_at_virgin.net)

2
TUPE the legal perspective

• ARD Acquired Rights Directive
• 77/187/EEC and amendment 2001/23/EC
• Consultation paper running 15th March 2005
  17th June 2005
• www.dti.gov.uk/er/tupe_consult.htm
• Single employer model

3
TUPE Regulations

• Transfer of Undertakings (Protection of
  Employment) Regulations 1981
• Duty to inform and consult
• Information sharing
• Changes to terms
• Continuous employment

4
Secondments

• Terms and conditions rest with home employer
• Policy and procedural implications
• Cross organisational management arrangements
• Teams working closely together with different
  terms and conditions
• Multiple employer model

5
Common issues

• Workforce Planning
• Building skills and capacity
• Recruitment and Retention
• New ways of working
• Reducing duplication
• Multi-disciplinary working
• Career progression and pathways

6
Change management

• Structures and working arrangements
• Governance
• Procedures, policies and protocols
• Relationships
• Communication
• Finance and systems
• Offices and places of work
• Managing consistent performance

7
Barriers

• Change
• Continuous service
• Skills shortages
• Clarity and vision
• Communications
• Cultural dimensions
• Language
• Duplication

• Perceived takeovers
• Inequity
• Time and resources
• Duplication
• Trust
• Stress
• HR capacity and inclusion

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Employment test

• Ready Mixed Concrete (South East) Ltd v Minister
  of Pensions and NI 1968
• Must be paid
• Must have agreed to carry out at least some of
  the work personally
• Employer must exercise some control

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Employment Test

• Control
• Mutuality of Obligation
• Rights, entitlements and expectations
• Continuous service
• Employees and workers
• Master and Servant

10
Group discussion/workshop

• What models of integration are currently being
  operated?
• What are the key HR implications of these models?
• What are the really positive achievements ?
• What barriers have been overcome to make these
  achievements?
• What barriers are still left unresolved?