Business clinic: Challenging TUPE laws

If you’ve won an outsourcing contract or brought services back in-house, then as an employer you may have been caught by a law commonly known as TUPE - or to give its full title – Transfer of Undertakings (Protection of Employment) Regulations 2006.

Maybe you were told you were legally obliged to take on the employees of the outgoing contractor, despite not accounting for it in your bid costs? So did you consider challenging whether TUPE actually applied to you?

A general interpretation of the regulations often leads to businesses concluding they have no alternative other than to accept TUPE, even without any proper examination of the specific circumstances of their situation.

Challenging TUPE in outsourcing contracts is a particular specialism of our employment team. In recent years it has been heavily involved in working with businesses that have decided to question whether TUPE applies and have challenged the obligations on them to take on the outgoing contractors’ employees, with a track record of significant successes. If you have been caught by TUPE in the past or you’re involved in outsourcing and would like to know how this could potentially affect your business, then get in touch and find out how Taylors can help.