If you have recently won a new service contract, or if you are passing a contract on to a new provider, it is quite likely that you will have a TUPE process to navigate in the days and weeks leading up to the contract transferring.
TUPE is a provision of the law which ensures that employees who are assigned to working on the contract in question will transfer from the existing service provider to the new service provider, when the service contract passes.
In this way, their employment is protected.
TUPE is a complex area of law which places very strict obligations upon you, whether you are the outgoing or the incoming service provider. If you fail to meet these obligations, it can create costly employment law claims against you.
How we can help
If you are facing a TUPE transfer process, whether you are taking on staff or transferring staff to a new provider, we would encourage you to contact us as early into the process as possible, and certainly before you speak with any of the affected staff – and we can advise you on following a proper process, which will minimise the risk of claims against your business.
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