Legal Aspects

							TUPE and Outsourcing

Transfer of Undertakings
(Protection of Employment) Regs
1981 amended 2006

Protection of the rights of
employees under a transfer of
undertaking

                                  1
TUPE

‘There is no doubt that the position in law
 in relation to transfer of undertakings is in
 a mess’
President Morison in OCS Cleaning Ltd v
 Rudden 1999

a relevant transfer will involve situations
 where the ownership of the undertaking
 changes
                                               2
TUPE

Amended by the acquired rights Directive
 1988

Consultation, appropriate representatives,
 28 days prior to exchange of contracts
Reverse outsourcing.
Secondary outsourcing.


                                            3
Dismissals

Only on economic, technical or
 organisation grounds.

If not leads to claim for unfair
 dismissal

 http://www.dti.gov.uk/files/file23163.pdf
Fin
                                              4
Redundancy

Taylor v Kent County Council 1969
 P205Pr

Employers duties - consultation

90 days notice 100 plus within 30
 days
30 days notice 10 - 99 within 30 days
                                     5
Employers duties - notify Secretary
 of State -

90 days notice 100 plus within 30
 days
30 days notice 10 - 99 within 30 days


                                       6
Employers duties - notify Secretary
 of State -

90 days notice 100 plus within 30
 days
30 days notice 10 - 99 within 30 days

Q4 May 08
                                       7