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 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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
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.