I am bidding for a contract currently held by someone else. I am aware that the current provider has some staff "dedicated" to the contract. Can anyone advise me of my liabilities under TUPE?
Rob Cockburn
Menu
Menu
2 Responses
TUPE
As this is a rapidly developing area of employment law you should take specialist legal advice. The TUPE regulations for new contract holders have been challenged recently in the courts and you need to have our contract interpreted in the light of those changes by a specialist employment lawyer.
You may get some advice to consider by using the sister site http://www.lawzone.co.uk and placing your question there. But do not sign into this contract unless you are very clear as to your obligations under TUPE as you will find that you pay for it long term with staff you inherit but may never have chosen in your new culture of provision.
Training by Design Global Ltd (Specialist legal and management trainers to business).
TUPE
Rob,
A few years ago, I wrote a bid for a large contract which involved TUPE. Essentially, it meant thst we would have had to transfer to our employment the staff associated with the contract. Initially, you are likely to have to offer at least the same terms & conditions of employment as they already receive. There is normally a time limit under which you cannpt change these terms.
As other people have already commented, the law may have changed since my involvement, so it’s worth a phone call to a specialist – if you’re in a professional institute, you may be able to call their lawyers & get free advice (I know the CIPD does this).