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This event from CIPFA Networks will help practitioners understand the often complex and tricky situation relating to TUPE and pensions when involved in tenders, outsourcing services, or setting up new trading companies.
13 March 2018Starts: 10:00Ends: 15:30
Evershed's Birmingham Office115 Colmore RowBirminghamWest MidlandsB3 3AL[See map]
£325.00 excl VAT
£295.00 excl VAT
Failure by the authority to correctly apply the rules could be very costly with joint and several liability. The event will be practically focused and will help to answer regular queries about the application of TUPE and pensions in tenders, for example how to deal with an incumbent provider, providing TUPE information in procurement documents, whether the ‘percentage test’ applies and influencing the ‘measures letter’.
With continuous financial constraints, growing demand and citizens’ rising service expectations, public services are increasingly being delivered through new and complex vehicles and under new contracts. There are however a number of important TUPE and pension implications that will arise when setting up alternative service delivery models and also during standard tendering. Failure to comply with these issues can result in costly litigation and reputational damage.
The workshop has been developed to support commercial directors, policy officers, procurement practitioners, HR practitioners, solicitors, project managers, auditors and contract managers who are involved in developing new ways of working or developing tender documents.
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Mark specialises in the transactional aspects of employment law, helping clients manage the people risks and challenges of projects. He has advised public sector clients and private sector providers on a large number and variety of projects. He has given strategic advice on the options for service delivery, including trading companies and the staffing implications of the various models. In addition to his expertise on the application of TUPE in practice he has helped employers deal effectively with their equal pay liabilities and ongoing equality challenges (which is often a factor in project planning). In addition to the more usual legal aspects he has evaluated bids alongside public sector clients and drafted HR contract mobilisation and diversity plans to ensure the contractors delivered on their tender commitments. He is also an expert in atypical working – such as agency worker and employment status issues.
Mohamed Hans joined CIPFA in 2004 after working as a senior commercial solicitor for a number of West Yorkshire local authorities. He is an expert on the European Public Procurement Rules and has written extensively on this topic as well as developed widely used practitioner toolkits. He is also invited to speak at conferences (UK and abroad) and is often the first point of contact for practitioners understanding complex procurement issues. He manages the CIPFA Procurement & Commissioning Network which has nearly 100 member authorities.
Gary Delderfield is a partner at Eversheds LLP and heads the firm’s public sector pensions team. Gary is a nationally recognised expert in the area of public sector pensions law advising clients on issues across local government, central government, education, health and voluntary sectors.
He has particular expertise in the Local Government Pension Scheme (LGPS), advising administering authorities, scheme employers and admission bodies on a wide range on contentious and non-contentious issues. His recent experience includes advising on a number of LGPS pooling projects, advising a LGPS administering authority on the updating of its standard form admission agreements and advising a local authority on the pension aspects of a large scale TUPE staff transfer. Gary is a regular speaker on LGPS pension issues and speaks on the Local Government Employers' annual 'Fundamentals' trustee training course. He chairs the Association of Pension Lawyers’ Public Sector Sub-Committee and represents the APL on the LGPS Scheme Advisory Board.
Managing TUPE and Pensions Pitfalls in Tenders, Outsourcing and Setting up Trading Companies