The TUPE regulations are changing in January 2014


It’s all change again for anyone selling ongoing services.

Is your sales/bid/tender team going to pitch/cost on the basis that:

    • TUPE does not apply to new incoming service contracts 
    • TUPE may apply
    • TUPE will apply

The costs of each of these options are different, and so is the price to the customer (who may want the lowest possible price).  Are you going to be working on the basis of ‘costs plus’ where the customer pays if you have to pay off staff? Who pays when the music stops? Can you afford it to be you?


If you are losing contracts that came in as TUPE contracts, are you going to treat this as:

  • TUPE does not apply (and make appropriate redundancy payments where necessary) or
  • TUPE may apply and deal with it on a case by case basis (and schedule the time to decide)

What are your plans for consulting with employees affected by these (non)TUPE transfers?

There are real people with jobs and mortgages to pay who are going to be asking – what happens to me?

For top tips on for getting ready for the TUPE changes, click here.

About the Author Annabel Kaye

We founded Irenicon in 1980 to help employers make employment law work for them. We were always a mixed disciplinary practice – something quite revolutionary at the time. Over the years we have worked with some wonderful organisations, pushing the boundaries of how employment law can really be made to work without restricting the flow of the organisation.

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