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Employment & HR

TUPE Service Provision Change

Our client didn’t appreciate the problems that arose from its successful tender for a contract to supply counselling services to a local authority. At that time, the services were being carried out by another organisation and our client wished to know the legal implications of it taking over the contract. We reviewed the relevant documentation and met with our client to discuss. It quickly became clear that this was a service provision change amounting to a ‘TUPE transfer,’ in accordance with the TUPE Regulations*.

We explained that the effect of this was that employees who were wholly or mainly assigned to the contract would automatically transfer to our client. We also advised on the other implications of a TUPE transfer, particularly the protection afforded to employees’ terms and conditions and explained the rules relating to employee information and consultation. A dispute arose with the outgoing organisation as to whether certain employees were assigned to the contract and we argued successfully that those individuals should not transfer to our client. Our client was delighted with the service as we were able to explain this often complex area of law clearly, ensuring that our client complied with the legislation and avoided potential costly employment tribunal claims.

*Transfer of Undertakings (Protection of Employment) Regulations 2006

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