Work areas and experience: Human Resources and TUPE

What We Offer

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Step-by-step advice on how to achieve a sound transfer and support during the process.

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Code on workforce matters and Pensions Direction. We offer an unrivalled understanding of this complex legal area and its impact on first, second and third generation transfers; plus drafting provisions for each stage of your procurement and evaluating tenderers’ responses.

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Advice on identifying terms and conditions, status of agency staff, casual personnel and the equal pay and single status implications of your projects, taking into account that you may be transferring staff from several employers,  with diverse and conflicting terms and conditions and with a history of years of ineffective management of HR issues.

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Confidential advice and support with disciplinary, grievance and dispute resolution processes, high level employee problems and/or  compromise agreements including monitoring officer reports and support with member discussions.

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Training on TUPE and HR matters.

Track Record

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Advised extensively on TUPE; to include the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the changes from the 1981 regulations, identifying terms and conditions of transferring staff and who transfers, considering whether there could be a secondment and engaging with staff and trade unions for a smooth transfer.

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Supported local authorities in second and third generation transfers from and to the commercial and charitable sectors (including transfers of staff with historic disputes and arguments over their pensions, terms and conditions and whether terms should be harmonised; we have advised on the commercial implications of this and provided practical solutions.

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Drafted internal grievance and disciplinary documents and advised on their implementation.

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Advised numerous authorities on the Code on Workforce Matters, its meaning and impact on first, second and third generation transfers.

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Advised on the impact of the Pensions Direction and the terms of proposed LGPS admission agreements, pension bonds and money purchase schemes.

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Advised extensively on the meaning and implications of the local government pension scheme regulations, on the impact of different admission arrangements, treatment of deficits where organisations cease to be admitted bodies, potential insolvency of admitted bodies and the impact on staff.

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Drafting contract clauses which are comprehensible and effective and address all of the complex issues including indemnities and warranties.

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Advised Monitoring Officers and Chief Executives on high level staffing problems, delivering solutions to disputes, advising on internal appeals and tribunals and concluding compromise agreements all with utter confidentiality.

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Training specifically on TUPE and as part of our wider training.

Other work areas:

Confidential Assignments

Culture, Sport and Leisure

Local Government and General

Partnering and Shared Services

Procurement

Property and Commercial

Social Care

Please contact us if you need any legal services not listed.