TUPE question - how long on site


Question regards TUPE and elligibility

Friend of mine works for a company that provides services to clients on the clients site. The company has had a contract with a client for nearly 3 years and the client has decided not to renew the contract and instead use another provider.

There's a number of guys that have been working on this services on the client site for years - they 'TUPE'd' in to the current company at the start of the contract and have been told they will 'TUPE out' to the new provider so they are safe

My friend however is one of a number of folk who have only been onsite for a few months (albeit they have been employed by the outgoing contractor for much longer)

None of it is confirmed but my friend and some of the other short term guys are being told that the client doesn't want them to transfer - the outgoing contractor is saying that they will need to speak with the incoming contractor about redundancy....

Can anyone clarify if there is a rule of thumb around how long someone must be employed on a site to be elligible for TUPE transfer - i.e. could the outgoing contractor just load up the site in the last few weeks of their contract to get rid of dead wood?

What protections to people like my friend have to stop a contractor using the end of a contract to try and dodge its redundancy obligations?

Left is never right but I always am.


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