Blair Adams
Blair acts for businesses in a variety of sectors, advising them on people issues of all kinds with a strategic and problem-solving approach.
Blair’s expertise encompasses issues of day-to-day compliance, negotiating contracts and settlement agreements, projects such as restructuring or collective redundancy consultation, trade union recognition and industrial action, disputes in the Employment Tribunals and business transactions of many kinds, from outsourcing to private equity investment.
Blair graduated from the University of Oxford with a First Class Degree in Modern Languages before completing his legal education at Nottingham Law School.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1997
Qualification
- B.A. (Hons) (1990)
Education
- University of Oxford (1990)
2 Contributions by Blair Adams
PRECEDENTS
Outsourcing Agreement TUPE Provisions: Service Provision Change, Employee Transfer, Information, Liability Allocation and Exit/Replacement Supplier Arrangements
1 Definitions
1.1 In this Agreement:
Affiliate – in relation to any entity, means any other entity that Controls it, is Controlled by it, or is under common Control with it;
Control – and its variations – means a person’s ability to ensure that an entity’s affairs are carried on in line with that person’s wishes: (i) by holding shares or possessing voting rights in the entity, or (ii) by powers granted by the articles of association or any document governing or relating to the entity; ‘Controlled’ and ‘Controlling’ shall be interpreted accordingly;
[ Customer – [ insert name ] Limited, a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ]; ]
Effective Date – means [ 9 am ] on the date of this Agreement [ insert later date ];
Employee – means any individual who, immediately before the Effective Date, was an employee of the Customer and assigned to an organised grouping whose principal purpose was the performance of the Services;
Employee Information – means a current and accurate list containing...
Employment
PRECEDENTS
Outsourcing TUPE Schedule (England, Wales and Scotland): Service Provision Change, Employee Transfer Information and Consultation, Indemnities, and Termination Assistance
1 Definitions
Unless the context requires otherwise, capitalised terms take the meanings below. Affiliates are entities in Control, Controlled by or under common Control. Control is the ability to direct an entity via shares, voting rights or constitutional powers. Data Protection Laws include Assimilated Regulation (EU) 2016/679, UK GDPR and the Data Protection Act 2018. The Effective Date is as stated. Employees are those assigned to groupings whose principal purpose is delivering the Services. Employee Liability Information is that required by TUPE Regulation 11. Employment Costs/Liabilities cover pay, benefits and related legal exposures. Services are those in Schedule [ ]. Supplier Personnel are those engaged in delivery. Termination Assistance (and any Termination Assistance Period) are as defined. TUPE Regulations means the Transfer of Undertakings (Protection of Employment) Regulations 2006...
The Schedule TUPE provisions
Application: service provision change; stated exclusions.
Trade unions: existing recognition continues.
Assistance: co-operate, inform, consult, share information.
Responsibilities: allocated indemnities for relevant claims.
Termination assistance: provide Recontracting/Initial Employee Information; maintain terms/headcount; final data pre-transfer.
Consequences: inaccuracies adjust Charges; indemnify.
On termination/expiry: TUPE expected; settle liabilities; optional offers; TULR(C)A consultation.
Claims: prompt notice, assistance; no settlement without consent...
...
Employment
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