TUPE & Outsourcing: Process and Disputes – for Senior Executives

• Where the employer’s business is being sold.
• Where the employer has decided to get a third-party service provider to provide the service that our client was part of ‘in house’ (resulting in a suggestion that our client’s role is redundant). This can include for example an employer deciding to outsource its sales team.
• Where our client is employed by a service provider and works in the main for one client, and that client decides to bring that service ‘in house’ or to appoint a new service provider, resulting in the possible termination (redundancy) of our client’s role. This can include for example, an employer deciding to bring its current outsourced sales team in house or to appoint another sales service provider.

There are a number of information and, if necessary, consultation obligations that the employer has in such circumstances and we can advise as to whether or not they have complied with those obligations and, if not, what possible claims arise and the value and merits of those claims.

Our advice frequently includes:

• What rights arise for the individual employee on a business transfer or outsourcing.
• What process the employer should be going through.
• If our client wants to object to any transfer, the grounds on which such objections can, and should, be made and the consequential claims that arise and the value and merits of the same.
• Whether or not there is any breach by the employer or the prospective new employer of the employee’s rights and entitlements arising under TUPE.