Supposed TUPE - But No New Contractor

[magunkey]

If a service provider resigns a commercial stand alone service contract is there an obligation on any new service provider to take on the old staff under TUPE.

Any info appreciated.

 

[krissovo]

They are only obliged to take you on if the role remains in the EU. If the job is now being serviced outside then they are not i.e. Service desk transferring to India.

TUPE is very grey area in reality, new suppliers often base there prices on a swap out of staff and existing staff can often be caught between the old and new suppliers and be forced to take legal action.

 

[magunkey]

In this instance the current service provider has given notice of their resignation but no new service provider has yet been secured. At what point would the new service provider be obliged under TUPE to take on the staff. (Example: Old service provider quits on September 30th but the new service provider's contract isn't agreed until October 14th). The role would remain in the EU.