Is this a Service Provision Change?

Overwatch

Hi everyone. Hope you can help.

Five years ago I was Tupe'd from my previous employer to an outsourcing firm. I still work in my previous employer's office. I work in a specialist field - my current employer is based overseas, as are most of my colleagues.

The contract between my old and new employer expires later this year. Hopefully it will renew.

However, my old employer now employs people who do much the same tasks as I and my colleagues do. These people have been recruited gradually over the last 5 years.

Here's my question. There is a chance that the contract between my old and new employers may not renew because much of the specialist work is being done in house again. So if the contract doesn't renew, does this count as a Service Provision Change (albeit by stealth) and should I therefore be Tupe'd back?

Many thanks.

antrobus

Under the TUPE Regulations a service provision change takes place where a client outsources services to a contractor for the first time, where a client transfers services from one contractor to a new contractor and where a client brings services back “in-house” from a contractor.

https://uk.dwf.law/Legal-Insights/2016/Sept/14-sep---What-constitutes-a-service-provision-change