TUPE considerations and bidding - Revision history

Designing Buildings at 11:19, 7 January 2022

2022-01-07T11:19:21Z

← Older revision		Revision as of 11:19, 7 January 2022
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	= Introduction =		= Introduction =

−	The ~~[https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/275252/bis-14-502-employment-rights-on-the-transfer-of-an-undertaking.pdf_~~ Transfer of Undertakings (Protection of Employment) Regulations 2006] as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 is frequently referred to as TUPE.	+	The Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 is frequently referred to as TUPE.

	These regulations protect employees’ terms and conditions when a business is transferred from one owner to another. They apply to business transfers and service provision transfers of all sizes and to both the outgoing employer and the incoming employer.		These regulations protect employees’ terms and conditions when a business is transferred from one owner to another. They apply to business transfers and service provision transfers of all sizes and to both the outgoing employer and the incoming employer.
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	* Subcontractor.		* Subcontractor.
	* TUPE Regulations.		* TUPE Regulations.
−
−	~~= External resources =~~
−
−	* Department for Business, Innovation & Skills, [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/275252/bis-14-502-employment-rights-on-the-transfer-of-an-undertaking.pdf_ Employment Rights on the Transfer of an Undertaking].

	[[Category:DCN_Guidance]] [[Category:DCN_Regulation]] [[Category:Regulations]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]] [[Category:Procurement]] [[Category:Roles_/_services]]		[[Category:DCN_Guidance]] [[Category:DCN_Regulation]] [[Category:Regulations]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]] [[Category:Procurement]] [[Category:Roles_/_services]]

Designing Buildings at 07:41, 14 December 2021

2021-12-14T07:41:51Z

← Older revision		Revision as of 07:41, 14 December 2021
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	= When TUPE can be a concern =		= When TUPE can be a concern =

−	When TUPE applies, it means employees that have been assigned to a project will be transferred under the same terms and conditions - which may be more generous than the new employer ~~can~~ offer. This may influence a potential bidder's decision whether or not to pursue the contract.	+	When TUPE applies, it means employees that have been assigned to a project will be transferred under the same terms and conditions - which may be more generous than the new employer would offer. This may influence a potential bidder's decision whether or not to pursue the contract.

−	It is not uncommon for the existence of TUPE to be phrased in vague language, such as “TUPE transfers may apply” or “the contracting authority does not expect that TUPE will apply”. Even if conditions are not clear (or details are not available), the potential contractor ~~will more than~~ likely have to comply with TUPE requirements once the terms and conditions of the contract have been accepted.	+	It is not uncommon for the existence of TUPE to be phrased in vague language, such as “TUPE transfers may apply” or “the contracting authority does not expect that TUPE will apply”. Even if conditions are not clear (or details are not available), the potential contractor is likely have to comply with TUPE requirements once the terms and conditions of the contract have been accepted.

	= Preparing for TUPE =		= Preparing for TUPE =

Editor at 09:00, 13 December 2021

2021-12-13T09:00:27Z

← Older revision		Revision as of 09:00, 13 December 2021
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	= When TUPE can be a concern =		= When TUPE can be a concern =

−	When TUPE applies, it means employees that have been assigned to ~~the~~ project will be transferred under the same terms and conditions - which may be more generous than the new employer can offer. This may influence a potential bidder's decision whether or not to pursue the contract.	+	When TUPE applies, it means employees that have been assigned to a project will be transferred under the same terms and conditions - which may be more generous than the new employer can offer. This may influence a potential bidder's decision whether or not to pursue the contract.

	It is not uncommon for the existence of TUPE to be phrased in vague language, such as “TUPE transfers may apply” or “the contracting authority does not expect that TUPE will apply”. Even if conditions are not clear (or details are not available), the potential contractor will more than likely have to comply with TUPE requirements once the terms and conditions of the contract have been accepted.		It is not uncommon for the existence of TUPE to be phrased in vague language, such as “TUPE transfers may apply” or “the contracting authority does not expect that TUPE will apply”. Even if conditions are not clear (or details are not available), the potential contractor will more than likely have to comply with TUPE requirements once the terms and conditions of the contract have been accepted.
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	= Preparing for TUPE =		= Preparing for TUPE =

−	It is possible to request basic information (and subsequent clarification, if necessary) regarding the number of people who will be transferred~~, but~~ If information is inconclusive, bidders should make an estimate. This can be used as part of the negotiation process.	+	It is possible to request basic information (and subsequent clarification, if necessary) regarding the number of people who will be transferred. If information is inconclusive, bidders should attempt to make an estimate of that number. This can be used as part of the negotiation process.

−	~~They~~ should also be well aware of the consequences of TUPE and should carry out due diligence when bidding on projects. The new employer may be able to suggest revisions for employees that have been inherited through TUPE, but severe changes could result in claims of constructive unfair dismissal.	+	Bidders should also be well aware of the consequences of TUPE and should carry out due diligence when bidding on projects. The new employer may be able to suggest revisions for employees that have been inherited through TUPE, but severe changes could result in claims of constructive unfair dismissal.

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =
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	* Department for Business, Innovation & Skills, [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/275252/bis-14-502-employment-rights-on-the-transfer-of-an-undertaking.pdf_ Employment Rights on the Transfer of an Undertaking].		* Department for Business, Innovation & Skills, [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/275252/bis-14-502-employment-rights-on-the-transfer-of-an-undertaking.pdf_ Employment Rights on the Transfer of an Undertaking].

−	[[Category:DCN_Guidance]] [[Category:DCN_Regulation]] [[Category:Regulations~~]] [[Category:Client_procedures~~]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]] [[Category:Procurement]] [[Category:Roles_/_services]]	+	[[Category:DCN_Guidance]] [[Category:DCN_Regulation]] [[Category:Regulations]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]] [[Category:Procurement]] [[Category:Roles_/_services]]

Editor: Created page with "= Introduction = The [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/275252/bis-14-502-employment-rights-on-the-transfer-of-an-u..."

2021-12-10T18:34:41Z

Created page with "= Introduction = The [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/275252/bis-14-502-employment-rights-on-the-transfer-of-an-u..."

New page

= Introduction =

The [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/275252/bis-14-502-employment-rights-on-the-transfer-of-an-undertaking.pdf_ Transfer of Undertakings (Protection of Employment) Regulations 2006] as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 is frequently referred to as TUPE.

These regulations protect employees’ terms and conditions when a business is transferred from one owner to another. They apply to business transfers and service provision transfers of all sizes and to both the outgoing employer and the incoming employer.

= When TUPE can be a concern =

When TUPE applies, it means employees that have been assigned to the project will be transferred under the same terms and conditions - which may be more generous than the new employer can offer. This may influence a potential bidder's decision whether or not to pursue the contract.

It is not uncommon for the existence of TUPE to be phrased in vague language, such as “TUPE transfers may apply” or “the contracting authority does not expect that TUPE will apply”. Even if conditions are not clear (or details are not available), the potential contractor will more than likely have to comply with TUPE requirements once the terms and conditions of the contract have been accepted.

= Preparing for TUPE =

It is possible to request basic information (and subsequent clarification, if necessary) regarding the number of people who will be transferred, but If information is inconclusive, bidders should make an estimate. This can be used as part of the negotiation process.

They should also be well aware of the consequences of TUPE and should carry out due diligence when bidding on projects. The new employer may be able to suggest revisions for employees that have been inherited through TUPE, but severe changes could result in claims of constructive unfair dismissal.

= Related articles on Designing Buildings =

* Bidder.
* Business process outsourcing (BPO).
* Critical service contracts.
* Employment Law.
* Public sector dependent suppliers.
* Subcontractor.
* TUPE Regulations.

= External resources =

* Department for Business, Innovation & Skills, [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/275252/bis-14-502-employment-rights-on-the-transfer-of-an-undertaking.pdf_ Employment Rights on the Transfer of an Undertaking].

[[Category:DCN_Guidance]] [[Category:DCN_Regulation]] [[Category:Regulations]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]] [[Category:Procurement]] [[Category:Roles_/_services]]