We are in the process of tendering a currently out-sourced service, and have reason to believe that the incumbent is manipulating the list of TUPE eligible staff (to exaggerate its size) in order to deter other bidders from successfully bidding. Is there any legal precedent for action in cases like this?Posted in : First Tuesday Q&A NI on 5 August 2015
This is sometimes referred to as “employee dumping” and seems to be a common feature of second or subsequent generation outsourcing.
If you do not have a contractual obligation that you can pin on the outgoing supplier requiring it to provide accurate and up to date information about the transferring employees, then you could remind the outgoing supplier of its obligations under TUPE to provide accurate information to the transferee (new supplier) and the financial penalties if it fails to do so.
The incumbent should also be aware of the argument that employees who have been “dumped” into the transferred business do not transfer under TUPE on the basis that they are only “temporarily
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.