When does Tupe apply?
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When does Tupe apply?
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Can anyone advise if TUPE applies if my company takes on work on an ad hoc basis, that was previously done by a company on a contract.
ie We have been told by a potential client that they will give us work if we tupe over employees of the company last doing the same work. However they are only willing to give us the work on an ad hoc basis and not on a contract.
Therefore does TUPE apply?
UK question
Additional Details
No, I mean if they are not guaranteeing us the work, then do we need to tupe people over in the first place?
If we Tupe people accross based on the fact they will give us work ad hoc, but then find they are not giving us enough work we are stuck. do they not need to give us a contrcat to carry out the work before TUPE would apply?
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unique_name2001
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Yes, it very clearly does apply. The business undertaking has still transferred to your company regardless of whether it is ad-hoc or not.
Edit: Once you agree to do the work for the customer then you effectively have a contract with them. There are exceptions where a contract is on a one-off basis for a specific event or where it is for a short term duration but neither seems relevant to the scenario you describe. |
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shortbreadtin
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If you tupe someone over to your company, then they will work for your company on a permanent basis (unless they have temporary contracts) |
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