TUPE info gathering

[Mpg]

We've had a contract to supply services to a large PLC. Within this PLC is a smaller division that we have been supplying services for, for just over 10 years. We have a fantastic relationship with this company

We've recently been asked to look into the possibility of TUPE'ing accross the last few remaining drivers. We have 43 drivers ouselves and there are 8 that are employed by this division.
Obviously we'll be wanting a big contract extension (5 years)
I've been managing these 8 drivers as part of my normal duties for the last 10 years and in the main we have a good working relationship. There is one shop steward that is likely to become a headache and we just dont get on (he didn't like us being brought on 10 years ago as he thought he could manage the logistics himself).

That aside and before I instruct TUPE Lawyers, I'd like to get a head start on what I should be looking at.
They all have pretty basic contracts, But being part of a large PLC have a lot on non-contractual perks. Share save scheme, Extra annual leave (long service awards etc)

Whilst TUPE has its own pitfalls. We are looking at using this as a step to secure a longer term contract so whilst at first i wasn't looking to entertain the idea i'm more hopefull that this will help us secure this.

So has anyone here been in a similar situation.

 

[Newchodge]

I don't understand the basics. What undertaking is now being transferred to trigger TUPE for these 8 drivers who work for someone else?

 

[Mpg]

I don't understand the basics. What undertaking is now being transferred to trigger TUPE for these 8 drivers who work for someone else?

We have provided logistic services for over 10 years to this division. They have a number of employed drivers still on their books (we replace their drivers with one of our own when they leave)
Because they work nights I've been managing them alongside my own drivers. The company have asked for me to look into whether its viable that they transfer their remaining staff over to my company.

From their perspective having all their logistics under one control would be easier for them.

Have we looked at this wrong.. Is there supposed to be a change in business in order to TUPE their existing staff.

Should it rather be redundancy. ie. Their role as an employed driver no longer fits within the business and replacing with a 3rd party provider (us) would be better.

 

[Newchodge]

We have provided logistic services for over 10 years to this division. They have a number of employed drivers still on their books (we replace their drivers with one of our own when they leave)
Because they work nights I've been managing them alongside my own drivers. The company have asked for me to look into whether its viable that they transfer their remaining staff over to my company.

From their perspective having all their logistics under one control would be easier for them.

Have we looked at this wrong.. Is there supposed to be a change in business in order to TUPE their existing staff.

Should it rather be redundancy. ie. Their role as an employed driver no longer fits within the business and replacing with a 3rd party provider (us) would be better.

TUPE is specifically when there is an undertaking (service) being transferred. You can agree to a transfer that is not part of TUPE, if all parties agree. Of course, that means their existing TCS are not protected unelss there is an agreement to do so.

 

[Newchodge]

Should it rather be redundancy. ie. Their role as an employed driver no longer fits within the business and replacing with a 3rd party provider (us) would be better.

This would be TUPE if they would be made redundant because there is no longer the work for them with their own employer, as you have taken on that work. I think the failure to TUPE everyone when you started providing the servide 10 years ago may have created some issues, so you need to talk to an employment lawyer fairly soon.

 

[Mpg]

Would us taking on the routes that these drivers already do come under that.

 

[Newchodge]

Would us taking on the routes that these drivers already do come under that.

I think you need proper legal advice and a very clear explanarion about what you and the client each do in relation to the work and the employees.

 

[Mpg]

I think you need proper legal advice and a very clear explanarion about what you and the client each do in relation to the work and the employees.

Yes for sure. Just wanted to try and gather as much info as poss. So far every answer leads to another question.

 

[Jenny Rimell]

We've had a contract to supply services to a large PLC. Within this PLC is a smaller division that we have been supplying services for, for just over 10 years. We have a fantastic relationship with this company

We've recently been asked to look into the possibility of TUPE'ing accross the last few remaining drivers. We have 43 drivers ouselves and there are 8 that are employed by this division.
Obviously we'll be wanting a big contract extension (5 years)
I've been managing these 8 drivers as part of my normal duties for the last 10 years and in the main we have a good working relationship. There is one shop steward that is likely to become a headache and we just dont get on (he didn't like us being brought on 10 years ago as he thought he could manage the logistics himself).

That aside and before I instruct TUPE Lawyers, I'd like to get a head start on what I should be looking at.
They all have pretty basic contracts, But being part of a large PLC have a lot on non-contractual perks. Share save scheme, Extra annual leave (long service awards etc)

Whilst TUPE has its own pitfalls. We are looking at using this as a step to secure a longer term contract so whilst at first i wasn't looking to entertain the idea i'm more hopefull that this will help us secure this.

So has anyone here been in a similar situation.

Hiya;
TUPE, can be quite straight forward and its easy to get the difficult characters onboard with the right level of comms.... I specialize in TUPE and currently have experience in both Public and Private sectors; we also have superstar lawyer who works with me so would be happy to chat through how we can support if that would help you?

To get a head start and get eyes on the kind of contractual terms and areas that would be deemed custom practice; that will help you scope out measures and liabilities and ultimately help you decide if you wanted to complete a transfers

 

[Newchodge]

To get a head start and get eyes on the kind of contractual terms and areas that would be deemed custom practice; that will help you scope out measures and liabilities and ultimately help you decide if you wanted to complete a transfers

I don't understand.

 

[WaveJumper]

Yes for sure. Just wanted to try and gather as much info as poss. So far every answer leads to another question.

TUPE transfers | Acas

When a business or service provider changes. Transfer of Undertakings (Protection of Employment).

www.acas.org.uk

 

[IanSuth]

Remember to look at pension rights if TUPE does happen, trying to replicate the pension rights of people working for a large PLC can be a very expensive business. I know of a contract that fell through once that was factored into cost.