HI, we are updating our contract for cleaning services and we are moving to a new contractor, however, the old contractor says we need to TUPE all the employees currently working under their company. However, we only want to keep a few of them to be transferred under the new contractor based on their performance. Do we have the right to do that? And what is the argument that we present? Thanks
Thanks for getting in touch, we can certainly help with your query.
The client doesn’t usually employ the transferring employees – they’re usually regarded as going straight from the old contractor to the new one. It’s not uncommon that the reason for a new contract is that the services weren’t up to standard with the old contractor. Those old and new contractors have obligations under TUPE and all employees are entitled to transfer with all their terms and conditions intact. There are circumstances where employees’ employment can be ended fairly though. We can advise on the situation and what to do once you’re formally onboarded.
Please get in touch with us at employment@Qlaw.co.uk and we’ll arrange an exploratory chat to talk through how we can help and our likely fees.
This question was originally posted to our ‘Can you refuse TUPE’ blog, but if you’d like more information, check out our Simple Guide HERE