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TUPE Questions

I work for a company as a regular employee doing a particular role.

The company has decided that it wants to outsource the thing I do and I've been told they're looking to do this via a supplier they use and they intend to TUPE me to that supplier.

My immediate question is simply whether the fact that my role/skillset is being outsourced means I am being made redundant as it sounds like it to me by any other name?

From a little bit of reading up TUPE seems to focus on businesses changing hands or when your employer company A might use supplier B for office cleaning (random example) and wants to move the service to supplier C and as a result supplier B might TUPE the cleaning staff to supplier C.

Very little detail has been given and more will be given over the coming days.

Comments

  • Marcon
    Marcon Posts: 15,917 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 8 July 2021 at 11:00PM
    Aminatidi said:
    I work for a company as a regular employee doing a particular role.

    The company has decided that it wants to outsource the thing I do and I've been told they're looking to do this via a supplier they use and they intend to TUPE me to that supplier.

    My immediate question is simply whether the fact that my role/skillset is being outsourced means I am being made redundant as it sounds like it to me by any other name?

    From a little bit of reading up TUPE seems to focus on businesses changing hands or when your employer company A might use supplier B for office cleaning (random example) and wants to move the service to supplier C and as a result supplier B might TUPE the cleaning staff to supplier C.

    Very little detail has been given and more will be given over the coming days.
    No; they intend to transfer your employment under the protection of TUPE.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    Aminatidi said:
    I work for a company as a regular employee doing a particular role.

    The company has decided that it wants to outsource the thing I do and I've been told they're looking to do this via a supplier they use and they intend to TUPE me to that supplier.

    My immediate question is simply whether the fact that my role/skillset is being outsourced means I am being made redundant as it sounds like it to me by any other name?

    From a little bit of reading up TUPE seems to focus on businesses changing hands or when your employer company A might use supplier B for office cleaning (random example) and wants to move the service to supplier C and as a result supplier B might TUPE the cleaning staff to supplier C.

    Very little detail has been given and more will be given over the coming days.
    No.  The work you're doing isn't redundant because they still have a requirement for it - they're just transferring that work to a different company instead of doing it in-house.  They are absolutely right to TUPE you under those circumstances. 

    In the example you've given of what TUPE focuses on, you've described exactly what's happening in your case.  Your company wants to move the service you provide via them, to a supplier.  It doesn't matter whether the transfer is from one supplier to another, or from the employer itself to a supplier.  Companies A, B and C are all employers, so moving a service from A to B, or B to C or C to A is all the same.

    HTH
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
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