TUPE for Call Centre

[BlankSpace]

Hi!
Where there is a contact centre that covers multiple contracts, will staff be eligible for TUPE when those contracts are won by another company? Does there need to be a discrete grouping or would timesheets/records (showing how much time each staff member spent on each contract) be sufficient?
What if one of the contracts accounts for >60% of the work, would this make a difference?

I assume it doesn't matter which entity call centre operatives work for, i.e. if one part of an organisation has a contract for the work and another entity under the same parent employs the contact centre staff

Thanks in advance!

[ULA]

TUPE is a complex issue anyway but when it comes to service provision contracts it can be even more so. It hinges on if there was an organised grouping of staff immediately before the change whose principle purpose was to carry out the relevant activities for a client/s whose contract/s have been won by another company then they should be subject to the provisions of TUPE.

[BlankSpace]

Thanks for the quick reply ULA. Does this organised grouping need to be dedicated to the contract/s won by another company? If I am working across, say 3 contracts, with a rough split of 60/20/20, would I be eligible for TUPE to any of these contracts or just be made redundant?

[ULA]

Are the 3 contracts going to 3 different new service providers or to one provider?

[BlankSpace]

The largest is going to another company. Another contract is going to another company. The third is staying with the same company

[ULA]

TUPE provisions may be more of an issue here as one provider is being replaced by multiple providers. In principle TUPE may still apply but case law indicates that this is not the situation when contracts are fragmented across new and existing providers.

It is hard to say with certainly, with your split of work moving to multiple providers, whether TUPE will apply.