Outsourcing & TUPE
The purpose of TUPE is specifically to protect the employees in situations whereby the organisation or business in which they are employed is sold or the contract to which the employee is assigned is awarded to another business or organisation. Its effect is to move employees and any liabilities associated with them from the old employer or service provider to the new employer or service provider.
TUPE effects a large number of different business transactions and it is very important that all employers fully understand what liabilities can arise. For instance, TUPE can apply when employers buy or sell any part of a business as a going concern or when employers grant or take over a licence or lease agreement of a premises and plan to operate the same business from those premises.
Have you recently:
- Bought a business?
- Sold a business?
- Won a contract?
- Lost a contract?
- Decided on changes to the structure of your business?
If so, you will almost certainly have to consider whether TUPE has an impact and what the nature of that impact will be for both you and your employees. Failure in identifying these areas can result in numerous claims being brought by those workers affected and their associated Trade Unions which could run into thousands of pounds – and in some cases substantially more.
The transport industry is particularly sensitive to those types of issues and our expertise in this sector can help you fully identify and deal with them – before they become an escalated problem.
There are many different scenarios where TUPE applies – if you are unsure how you may be affected, please seek advice now by contacting our experienced employment department:
For more information, speak with a member of our employment team: