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?

Posted in : First Tuesday Q&A NI on 7 May 2013
Arthur Cox
Arthur Cox
Issues covered:

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

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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