TUPE

[RGibbs]

Hi there! I am trying to cancel a contract on behalf of my company. We have had a cleaner servicing the office toilets and kitchens for several years, but we now have a new cleaner, who cleans all the offices and is willing to clean the toilets and kitchens as well. So. we no longer need the first cleaner, and I have given notice. The cleanin company, however, is saying that due to TUPE, we have to be willing to take on their employee!
In their words:
"we have an employee at this site who does not work elsewhere and will need to TUPE transfer if the cleaner wishes to"
Am I right in saying that TUPE is only applicable to business transfers / takeovers?

[ULA]

TUPE also covers service provision inlcuding situations where outsourcing has already occurred in this case you have outsourced your cleaning to the first company and there is a change in the contractor carrying out those services to the new company, even if that is bringing the service "in-house".

If the service is fundamentally going to be the same as carried out before the change then it will potentially be a TUPE situation.

[RGibbs]

This is a crazy law! It seems to mean that we can't ever change a service provider without somehow moving the employees from the old company to the new company!?

[R0b]

It's not a cray law, it is intended to give a form of protection to employees in certain circumstances. There are some exceptions where TUPE does not apply and this has been developed through cases in court. I would expect the contract terms to specifically cover TUPE situations but even if they don't it still applies.