if a company losses a schools transport contract is it legal to tupe staff across to the contract winning company when staff at the winning company will be made redundant
Province/Country relating to question: united kingdom
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if only the transferring staff will be made redundant?
no they taking the staff on from the company that has lost the contract and making their own staff redundant .
all routes have been given to the winning companys staff on the understanding that if the driver of the route they have been allocated is tupe'd across they will be made redundant (this means that staff from the company that have won the contract will be made redundant ) very odd.
If TUPE applies then unfortunately the new employer's hands are tied and they can't refuse to take on the employees of the old company just because there may be redundancies as a result of that. However, if redundancies are going to eb necessary then those that are going to be made redundant need to be selected fairly. You can't really select an employee for redundancy because their job is going to be done by someone else that has TUPE'd over. All employees, new and old, need to be treated equally and a fair and objective scoring exercise conducted to determine who is actually going to be made redundant
sorry your response has not registered can you please retype
Thanks for the information but not knowing the law on tupe I am not even sure if this should be applied as in my opinion as the contract will have expired there are no undertakings to transfer
So has the contract actually terminated before the transfer takes place?
Thanks for the information but not knowing the tupe law I am not sure if this should be applied as inmy opinion as the contract will have expired there are no undertakings to transfer
We are unsure when the transfer is likley to take place as our firm is playing its cards close to its chest but the new contract starts in september and the school term ends on july mt5he 23rd
that can still qualify for TUPE. Re-tendering is a very common reason for TUPE and it is not unusual for one contracvt to finish and for the new one to start at a slightly later date
Thanks ben but as our company has lost the contract and staff of the new company are likley to lose their jobs it seems very odd
On a personal note I would feel very uneasy knowing someone else has lost their job because I have been tupe'd across especially as I am 65 in February 2013 and have no intetion of cotinuing to work after 65
I agree that it is odd that some employees of the new employer will automatically lose their jobs because they have a replacement coming in under TUPE. But that could make the whole dismissal; unfair and they can challenge that if they feel like doing so
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