Tupe Law ?

Tom_Jones

I run a small buisness which employs 22 people, basically I have lost two contracts recently, and I've decided to TUPE one employee to the new firm, I have retained about two thirds of this contract.

I would like to keep the other two employees on the second lost contract, and transfer them onto the remaining part of the contract that the TUPE employee was working on.

Am I leaving myself open to any action from the TUPE employee, if he considers that I should not have put the other two employees on the remaining part of his contract.

They are all different trades.

busterian

Eh? If they all work for you - and you are the sub contractor for the jobs lost - TUPE is not required. You would just be moving employees from one project to another

Tom_Jones

They are all employed by myself. My company has four major contracts and all employees are dedicated to one contract, they do not work regulary on other contracts.

One of the contracts is split in 3 parts and I have lost one part of that contract but retained 2 parts of the contract.

I want to TUPE one person to the new company that has won one third of the contract, he has worked regulary on all parts of the contract that was split into 3 parts.

I'm just wondering if he has any recourse legally if I transfer two employees from a second contract lost, back to the contract that has two parts remaining. The reason I gave him for the TUPE maybe a lack of work on his contract.

SarEl

You are an employer and you want to depend on a free, and possibly highly inaccurate public board for legal advice? I think you have just found the fastest route to a tribunal :rotfl:

Caz3121

For a person to the 'in-scope' for Tupe they should be spending over 50% of their time on the job that is transferring. If the individual is not spending over 50% of their time on the transferring part they could be deemed as not being in-scope and the new supplier will have no requirement to take them on. Tupe is in place to protect the individual so if their job is going then they are permitted to go with it.

I had a similar situation recently (I work in IT outsourcing) where there were a team on 3 people performing 5 different services, 3 of these services were transferring, all 3 were deemed to spend 60% of their time on the transferring part and 40% on the retained so all 3 were deemed to be inscope...whether they choose to transfer will be up to the individual and the options presented to them if they choose not to...this could mean redeployment or resigning...in my instance they chose one of the people to stay to fill the role for the 2 remaining services and two came over as part of Tupe.

If each of your three spend a third of their time on the affected contract it may be deemend that no individual is in scope

SarEl

Caz3121 wrote: »

For a person to the 'in-scope' for Tupe they should be spending over 50% of their time on the job that is transferring. If the individual is not spending over 50% of their time on the transferring part they could be deemed as not being in-scope and the new supplier will have no requirement to take them on. Tupe is in place to protect the individual so if their job is going then they are permitted to go with it.

I had a similar situation recently (I work in IT outsourcing) where there were a team on 3 people performing 5 different services, 3 of these services were transferring, all 3 were deemed to spend 60% of their time on the transferring part and 40% on the retained so all 3 were deemed to be inscope...whether they choose to transfer will be up to the individual and the options presented to them if they choose not to...this could mean redeployment or resigning...in my instance they chose one of the people to stay to fill the role for the 2 remaining services and two came over as part of Tupe.

If each of your three spend a third of their time on the affected contract it may be deemend that no individual is in scope

You are quoting personal experience - not law. Your employer chose this way to determine what jobs transferred, but there is nothing setting this down in law.

Sambucus_Nigra

Tom_Jones wrote: »

They are all employed by myself. My company has four major contracts and all employees are dedicated to one contract, they do not work regulary on other contracts.

One of the contracts is split in 3 parts and I have lost one part of that contract but retained 2 parts of the contract.

I want to TUPE one person to the new company that has won one third of the contract, he has worked regulary on all parts of the contract that was split into 3 parts.

I'm just wondering if he has any recourse legally if I transfer two employees from a second contract lost, back to the contract that has two parts remaining. The reason I gave him for the TUPE maybe a lack of work on his contract.

As you are an employer - shouldn't you be paying for employment law advice?

If you want to stay out of the courts that is...

SarEl

Sambucus_Nigra wrote: »

As you are an employer - shouldn't you be paying for employment law advice?

If you want to stay out of the courts that is...

Exactly my point. It's a legitimate business expense. Which is why I am not answering the question. Employers should be taking their responsibilities more seriously than attempting to obtain free advice on a public forum. I can see the tribunal now. "Well, i know I must have complied with the law because I asked a bunch of unqualified strangers on a free website, and they told me it was ok". Blinder

Tom_Jones

Sambucus_Nigra wrote: »

As you are an employer - shouldn't you be paying for employment law advice?

If you want to stay out of the courts that is...

The person I use for such advice is unavaliable for 4 weeks, so I thought I'd ask just for basic guidance. He is definately inscope for TUPE.

I spoke to ACAS this morning and yes I would be liable for legal action by the employee I want to TUPE, if I transferred the other two onto his contract, so I will now give him full disclosure of what I intend to do, then if he doesn't want to TUPE, I'll make him redundant. The other two I will TUPE to their new contractor if he refuses.