We want to take a security contract in-house but the work is going to be absorbed into our employees’ roles rather than being stand alone roles. Would this avoid TUPE applying?

The relevant TUPE legislation here is the Service Provision Change (Protection of Employment) Regulations (NI) 2006. Under these Regulations, where an activity is carried out on a client’s behalf and this activity is then carried out by the client itself, TUPE is likely to apply. To give a view on this, what security work is currently being done, how it is being done and how exactly it is to be absorbed into employees’ roles post transfer would need to be carefully analysed to assess the strength of any argument against the application of TUPE. TUPE is a complex area and each case turns on its facts. In TGWU and ors v Mitie Cleaning, a GB employment tribunal took into account how an