Please inquire in this situation. My company lost one service contract to another. My company identified several people as part of TUPE and apparently transferred relevant information to a new company. The new company refused to meet and expressed their opinion that we are not eligible for TUPE. If the situation does not change due to the transfer of the contract date, what happens to the employees? The employer who leaves the employer is required to provide the new employer with written information about the transferred employees, including identity, age, employment details, disciplinary and complaint documents, employee claims and collective agreements, and any related rights and responsibilities that are transferred. This information must be provided at least 28 days before the transfer, although in practice the new employer will endeavor to receive this information much earlier. The more complex the supply, the more tuPE can correspond to the circumstances. Although the landscape is by no means complete, it is clear that a framework agreement can prevent the application of the TUPE, which is a trap in an area full of uncertainties. And what if, when you finally get the list, you suspect that some of the employees aren`t really allowed to transfer? Bidders may well be deterred because they fear inheriting heavy professional obligations.
You should remind incumbent contractors of the risk of unjustified termination claims from employees who are forced to change if TUPE does not apply to them. Bidders can rest assured that if TUPE does not apply, no liability will be transferred. In case of doubt as to whether the workers can be considered substantially employed in the posts to which they have clearly been posted and are therefore entitled to change, the transferor could include their name in the list communicated to the tenderers (including, where appropriate, a price adjustment clause if they do not actually change); or to pay compensation for all claims after the transfer. Both approaches affect the transferor and depend on the evidence available to support arguments that the detached persons have or do not have the right to be transferred. For more information, see Practical notes, Display agreements and TUPE and Tenders for service contracts for local authorities. In the situation where Company A has a single management agent contract on behalf of two clients and Company A employs two full-time employees at a single location to provide maintenance services. If part of the site is sold by one of the customers and the remaining work of the individual customer represents only 60% of the previous combined workload, does TUPE apply if the rest is re-advertised at the point of sale? If so, how much of the responsibility would be transferred if the work no longer supported two people? Does the TUPE apply to staff hired to meet the requirements of the contract when they have been put out to tender? All employees have been employed for two years. This agreement lasted until April 2011, when, following a new call for tenders for services, the Commission appointed a new contractor, Lorne Stewart plc (“LS”), to replace Carillion. As the new contract was broadly the same as the original framework agreement between the Council and Carillion, Carillion considered that there was a clear change in the provision of services and that workers performing the work on behalf of the Council should switch to LS.
LS agreed that there had been a change in service delivery and even agreed that most of the Carillion employees who provided the services for the Board would switch to TUPE there. However, LS took the view that two workers (Mr Hyde and Mr Crowley) should not change: since they carried out the second type of work – those not guaranteed by the contract – LS considered that they were carrying out activities not provided for in the framework agreement and that those activities therefore did not fall within the scope of the transfer. If you are an employee seeking advice: Please note that our law firm does not tend to act on behalf of individual employees. As a rule, we only work for organizations. You can contact the Law Society if you need help finding a lawyer or if you would like additional advice on your rights, you can try the ACAS, which runs a hotline on 08457 47 47 47 to answer employment questions confidentially. Does TUPE apply to employees who currently hold a position (which is advertised) on a posting basis, and are there any exceptions, e.B. in what situation does the current secondment agreement have to end before the start date of the new contract? And is there an obligation to provide bidders with the details of the secondment agreement during the tendering procedure? all reflections on a situation in which the incumbent operator has siad TUPE will not apply (because they will be reused in case of success). It is likely that the TUPE will apply in this scenario if the activities carried out by staff prior to the transfer continue to be carried out by the Authority, albeit to a lesser extent. This depends on whether the staff is used for the service and whether its main purpose is to provide the services under the local authority`s contract. .