Can TUPE apply to sub-contractors?

Posted in : First Tuesday Q&A NI on 2 December 2014
Emma-Jane Flannery
Arthur Cox

Yes it can. A likely scenario is under the service provision change aspects of TUPE where a client decides to change sub-contractors providing services for it, meaning that staff employed by the first sub-contractor TUPE transfer to the second sub-contractor. Various conditions need to be satisfied in order for this to happen, including that the staff of the first contractor are in a team of employees (an organised grouping) that are essentially dedicated to the activities that are to transfer; that the services or activities provided by the first contractor are identifiable post transfer

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

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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery