TUPE Policy

Introduction

Leisuresec (hereinafter known as the Company) policy is to comply with the Transfer of Undertakings (Protection of Employment) Regulation 2006 as amended (“TUPE”).

In addition to complying with any obligations under TUPE, full staff involvement in the process is encouraged. All staff affected by change are provided with appropriate advice and assistance at key stages to enable them to make informed decisions on their future options. 

There is the fullest possible consultation and, as appropriate, negotiation with recognised trade unions or, if none, other independent staff representatives. 

TUPE will be assumed to apply until the position is clearly established one way or the other so that the appropriate time, relevant employees are provided with advice on the implications of transfer to the company on their current terms and conditions and also on broadly comparable pensions and are given opportunities to make contact with our company. 

Statutory consultation with Trade Union representatives, if appropriate. Required under TUPE is planned and properly managed with the involvement of legal advisers and personnel staff. 

Steps are taken to ensure that change is as smooth as possible by producing a transition or transfer plan which sets out responsibilities and key objectives. 

The company ensures that effective communications are maintained at all times. 

Process Objective:

The Implementation of TUPE for personnel is considered by the company to be one of the Core Business Processes. Recruitment of the right Personnel is of critical importance to the correct level of services delivery to the customer.

The correct implementation of TUPE is a legal requirement and therefore must be carefully managed at the contract mobilisation stage. The TUPE implementation function is controlled by the HR Department.

Scope

  1. Employment Legislation
  2. BS EN ISO 9001:2015
  3. BS10800:2020
  4. BS 7858:2019

 Qualification and experience required to carry out this process

Staff involved in the implementation of TUPE should have received appropriate training by the HR in the administration of documents and TUPE procedures. 

TUPE Interview

The interview is undertaken to establish if the employee wants to transfer their employment to the Company. Concerns and queries will be addressed by the interviewer with guidance from the HR Department. Interviews will be arranged with the staff at suitable times to ensure all potential employees are seen and interviewed.

Records must be maintained by the process owner.

TUPE Information

Due to the nature of TUPE, relevant documentation is available to ensure accurate records are maintained as proof that the Company followed the requirements of current legislation.

Information received from the incumbent company will be forwarded to the originator of the relevant internal document. This information will be forwarded by the HR Department.

In the event of a request for information from an incoming supplier, (HR Department) will ensure that where practicable a response will be provided within 7 working days, however, any request will be responded to no later than 10 working days from the date of receipt of request.

Records must be maintained by the process owner.

Data to be obtained for analysis

  • Number of TUPE officers employed  
  • Number of TUPE officers who refused to transfer to the Company
  • Reasons for refusal to join the Company

Key Performance Indicators

  • Full compliance with procedure and legislation
  • All TUPE personnel to be interviewed including management

The Process owner is responsible for ensuring that their process(s) are effective in producing the required results in accordance with Company Policy.

Effective Communications

The company recognises that poor or irregular communication can result in uncertainty and de-motivation and erode trust between staff, their managers and colleagues. 

The company is committed to ensuring that staff are kept informed at all times. 

The company understands the need for clear and regular communication in order to build trust and confidence with its workforce. 

Application of TUPE 

Assuming TUPE applies, the company will: 

  • Take over the contracts of employment of all the employees who are employed in the undertaking at the time of the transfer (unless there are dismissals for economic, technical or organisational reasons entailing changes in the workforce) on the same terms and conditions as they are employed, except in relation to future occupational pensions entitlement (see below).
  • Take over all rights, powers, duties and liabilities in respect of the transferring employees. 
  • Take over any collective agreements, including recognition agreements applicable to the employees transferring. 
  • Make information available to workers’ representatives and the client and consult workers’ representatives on matters relating to the transfer. 

Transfers

Assuming TUPE applies, all those working in the undertaking, or the part transferred will be transferred except any dismissed for economic, technical or organisational reasons. Employees have the right to object the transfer of their employment, but unless the client is willing to redeploy them away from the part of the undertaking being transferred, they will be treated as having resigned rather than being dismissed by the client. Such as a resignation will not entitle an employee to redundancy payments or to claim unfair dismissal. 

 Redeployments

The company recognises that there may be circumstances where the client prefers to second one or more of the staff currently employed on the work to the company rather than them transferring under TUPE. We are committed to working with the client in relation to any genuine secondments provided that the client is able to reabsorb seconders at the end of the secondment period. 

Terms and Conditions 

The company will take over the contracts of employment of all employees who are transferred in the undertaking at the time of transfer (unless they are dismissals for economic, technical or organisational reasons entailing changes in the workforce) on the same term and conditions both express and implied as they are employed, except in relation to future occupational pensions entitlement (see below)

The company recognise that some terms and conditions will have no meaning outside the client’s employment. For example, restrictions on political activities that cannot be justified in private employment. Others might be difficult to replicate. We are committed to working with staff and their representatives to reach early agreement on such matters without disturbing the principal terms and conditions. 

 Staff on individual terms and conditions

The company accept that some employees will have individual terms and conditions of employment for example part time or flexible working. We accept that these terms will transfer in respect of the employees concerned. 

Staff on career breaks

Whether or not staff on career breaks remain employed by the client during the break will depend on the terms of the career break agreement. If they remain employed, the company will work with the client with a view to reaching agreement as to whether they should form part of the transfer or whether redeployment will be possible/preferable in the circumstances.

Objecting

The company accept that some staff have a right to object to the transfer under TUPE and so will not transfer to its employment. 

Occupational Pensions

Pensions in the new employment

The company are prepared to offer transferring employees broadly comparable occupational pension provisions. In the unlikely event that broadly comparable pension provisions cannot be provided employees will be suitably compensated. 

Anticipated Re-tendering

Releasing information about staff

The company recognise that if the contract is awarded in the circumstances in which TUPE Applied, there is no certainty that it would apply again if on re-tendering the contract were to be awarded to another contractor. The company’s policy is to anticipate that TUPE would likely apply and ensure that the client is provided with information about its workforce that can be passed on to other tenderers, subject to compliance with the Data Protection Act 2018 and as set out below.

The company are prepared to provide the following information on staff: 

  • The number of employees
  • The name of the post in which each employee is employed
  • The salary or wages and other remuneration or benefits paid or given to each employee.
  • The period of notice required to terminate the employment of each employee. 
  • The whole terms and conditions of the company, occupational pension scheme together with the number of employees who are a member of the scheme. 
  • When it comes clear that the contract will be retendered the company accept that the client should be entitled to give the information provided to it by the company to any potential contractor invited to re-tender for the contract. 
  • We recognise that the conditions of employment of its employees should be such that we should be entitled to release to the client this information that might be otherwise confidential between the company and its employees. In this regard, the company will ensure that employees are aware of this disclosure and all the contents beforehand.

Keeping staff informed about TUPE 

The company ensure that staff are informed about the possibility of TUPE applying and the likely implications. Staff are reassured that appropriate steps will be taken to ensure that in the event of them transferring to another contractor their terms and conditions will be safeguarded. 

Once it has been decided that TUPE will apply, staff and their representatives are informed. If staff are to be transferred, they are properly briefed and have the opportunity to discuss the implications with the company. We will also take steps to facilitate discussion with any incoming contractor.

Review of Policy 

The Policy shall be reviewed on a regular basis to identify the needs for change arising changes to legal requirements, standards or as a result of the review of the process. 

A current version of this document is available to all members of staff on the company network and is published.