Transfer of Undertakings and Restructuring – A View from both Sides of the Channel

Abstract

In the course of a restructuring or an reorganization of companies the applicability of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246 – TUPE) or – from a German perspective – the applicability of section 613a German Civil Code (Bürgerliches Gesetzbuch) leads to various complications of the envisaged transaction. Leaving aside common issues the lecture focuses on hot topics from a practical point of view, especially underestimated hurdles and possibilities, as well as undertakes a comparison of such issues to the challenges arising when executing TUPE-based transactions under the laws of the United Kingdom.

Structure

1. EXAMPLE CASE
2. APPLICABILITY OF TUPE LAW
3. HOT TOPICS FROM A PRACTICAL POINT OF VIEW FROM BOTH SIDES OF THE CHANNEL
   - Relocation of Employees via Employer's Right to Give Instructions (Direktionsrecht)
   - Deployment of a Transfer Company
   - Mass Dismissal Notification
   - Joint Business
   - Information Obligation
   - Work Council's Transitional Mandate and Remaining Seats
   - Post-TUPE Restructuring Issues

Career

Neil Black

Neil Black is an employment partner at Pinsent Masons LLP based in Manchester. He has extensive experience of advising clients in respect of the application of TUPE with regard to business and asset sales, outsourcing and in restructuring / insolvency context. He acts predominantly for clients across two sectors, namely manufacturing and infrastructure in which he advises a number of large corporates including Fortune 100 business and those listed on FTSE 100 and FTSE 250. Prior to entering the legal profession Neil worked for PWC and Johnson Controls Inc.

Manfred Schmid

Manfred Schmid is head of the HR & Employment practice of Pinsent Masons in Germany. He specializes in advising national and international technology companies on all aspects of individual and collective labor law. He also supports clients regarding social security, privacy and immigration matters. In addition to the planning and execution of complex restructuring projects, a further particular focus of his practice is advising technology companies on labor law aspects of M & A, outsourcing and technology transactions. Manfred provides in-house training for clients' employees and executives, on all relevant aspects of employment law.