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I'm doing a CIPD employment law module and have been learning about TUPE regulations. I'm feeling a bit dim, because I work for a company to which local authorities outsource (it's essentially a report writing company) and yet TUPE has never once been mentioned as a potential issue by our organisation or any of our customers.
Am I correct in thinking that if the LA has a team of report writers, but decides that it's cheaper to outsource to us, that we would inherit their employees? Is the reason this never arises because usually the situation is either that we take over once their writers have already left and they then just decide not to replace, or their writers have other roles and don't exclusively do the report writing?
Similarly, is it the case that if the LA decides to move the work to a different outsourced company then the reason why our employees wouldn't transfer is because we work for lots of customers and none of our writers work exclusively for one customer? In theory, if we only had one customer, or if we had some writers who only performed work for that one customer, could they be eligible for transfer?
Thanks in advance!
Am I correct in thinking that if the LA has a team of report writers, but decides that it's cheaper to outsource to us, that we would inherit their employees? Is the reason this never arises because usually the situation is either that we take over once their writers have already left and they then just decide not to replace, or their writers have other roles and don't exclusively do the report writing?
Similarly, is it the case that if the LA decides to move the work to a different outsourced company then the reason why our employees wouldn't transfer is because we work for lots of customers and none of our writers work exclusively for one customer? In theory, if we only had one customer, or if we had some writers who only performed work for that one customer, could they be eligible for transfer?
Thanks in advance!
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