Following a major maintenance contract win, our client was faced with 120 potential new employees transferring to them under TUPE from 11 outgoing service providers. This involved a considerable amount of work in establishing whether these were valid transfers under the TUPE Regulations, identifying instances where the outgoing service providers may be attempting to ‘cherry pick’ which employees were to transfer, consulting with incoming employees, Trade Unions, employee representatives and the senior management of the existing employers and clearly establishing the exact nature of the various contractual terms and conditions of employment involved. This work needed to be completed to meet an ‘8.00 a.m. on a Monday morning deadline’ when the service provision was to ‘switch’. This deadline was comfortably met.
