Can TUPE apply to sub-contractors?Posted in : First Tuesday Q&A NI on 2 December 2014 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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