TUPE Question

[StevieBee]

We're looking to bid for small Local Authority contract.

Incumbent agency hasn't delivered and they're looking for new approach. Tender brief has been left very open.

The current agency has simply supplied a member of staff to work 3 days a week on various activities for the council. We are proposing a much more structured project plan that centres around a specific set of deliverables.

The tender asks for our our approach to TUPE matters. We don't need this person currently in place but are we obliged to do so?

Thanks in advance.

[Slurms]

StevieBee said:

We don't need this person currently in place but are we obliged to do so?

Probably

It does depend on the exact terms but if you're taking over a contract rather than starting from scratch you may find you have to Tupe this person across to your company along with their T&C's and length of service.

[StevieBee]

Slurms said:

Probably

It does depend on the exact terms but if you're taking over a contract rather than starting from scratch you may find you have to Tupe this person across to your company along with their T&C's and length of service.

Cheers for the reply.

We see this as a new project / contract that doesn't relate to the one at present but think we need to delve further!

[remoh]

StevieBee said:

Cheers for the reply.

We see this as a new project / contract that doesn't relate to the one at present but think we need to delve further!

You mentioned local authority...

That could read "potential union problems"

I'd build your bid after taking appropriate legal advice to be honest...

M

[dundarach]

A TUPE is not permanent, you can always restructure in an appropriate amount of time.

Cost in this employee over say 2-3 years and explain why they are surplus and how you are going to go about changing what they are doing for you.

In reality, they'll probably leave.

[edc]

There is a lot more recent case law regarding TUPE where "professional services" are concerned. You would be better off getting some specific advice regarding the specifics of this scenario. Something to consider would be whether this contract is simply a retender exercise to essentially do the same work or is it actually a different service being provided.