TUPE and Pensions Masterclass


An indispensable guide to all the key developments on TUPE transfers and pension rights

Thursday 15 October 2015, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Weightmans, Leicester


Presented by Sharpe Pritchard and Weightmans

Seminar overview

A morning’s discussion on the latest important news on employee transfers and local government pension rights. It will be of interest to lawyers and HR professionals with an involvement in local authority procurements.

TUPE-related topics to be covered include:

  • When, exactly, do transfers occur?
  • Service provision changes and the implications for shared services
  • A barrier to transfer: the fragmentation problem
  • Harmonisations, variations and the limits of the ETO defence
  • When the work moves after a transfer
  • The fate of collective agreements under TUPE
  • Key developments on consultation and redundancies
  • The retention of employment model: is it really an alternative?

Pensions related topics to be covered include:

  • The application of TUPE to pension rights
  • The Beckmann, Martin and Procter and Gamble cases
  • Fair Deal and the Best Value Direction
  • Participating in the LGPS
  • Risk sharing
  • Bonds, indemnities and guarantees
  • TUPE and automatic enrolment

Duration: Half a day (3 CPD points) including lunch

Speaker profiles:

John Clinch joined Sharpe Pritchard LLP in 2007 from the public services trade union, Unison. He has particular expertise in industrial relations law and TUPE.   His TUPE-related cases include Unison v. UCLH, the leading case on industrial action and TUPE-transfers, and Cheesman and Ors v. R Brewer Ltd, one of the leading decisions on relevant transfer under the European test. He now acts for a broad range of local government clients in employment tribunal litigation and over the HR aspects of local authority, central government and private sector procurements. He has advised authorities on how to implement a “retention of employment model” as an alternative to staff transfers in an outsourcing situation.

Mark Poulston is a partner and head of the pensions team at Weightmans with over 20 years’ experience in the field of pensions.  Mark has a broad pensions practice, advising on all types of schemes in both the public and private sectors.  His clients include LGPS administering authorities and LGPS admission bodies. Mark’s work includes advising on regulatory compliance, scheme governance, liability management, scheme documentation and dispute resolution. Mark also advises on the pensions aspects of mergers, acquisitions and procurement arrangements.

His work is informed by his past experience in the in-house legal team of an FTSE 100 plc and prior to that his roles in pensions management and trusteeship. Mark is a Fellow of the Pensions Management Institute, a Chartered Insurance Practitioner and a full member of the Association of Pension Lawyers.

How to book

To book a place on this seminar please contact Julie Scheller on 0845 272 5701 or email julie.scheller@freeths.co.uk


Please note, EM LawShare events are only open to existing members. Click here to learn more about becoming a member.

If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.