I provided HR support to a medium sized district council in the West Country.
With the planned changes to the client’s business, customer service, HR and licencing departments were transferring to a new service provider and the employees providing the service would also transfer under TUPE regulations.
However, there was a TUPE challenge, whereby as HR was transferring it was not felt appropriate for them to be responsible for supporting the transfer. The new service provider also did not feel some of the roles fitted the new service provision, and there were possible redundancies; therefore it was felt that there was possibly not the required level of experience of dealing with TUPE within the current HR team.
- identified individuals in scope and produced due diligence information
- clarified the legal position with regard to whether TUPE applied or not
- advised on possible outcomes for either TUPE transfer, and the implications should an employee not transfer, including redundancy pay calculations, maternity provisions and employee consultation.
- advised on what actions to take in order to prevent and/or mitigate any legal claims from employees in the future as a result of the TUPE challenge
- produced bespoke letters for various stages of the bespoke process
Some colleagues decided to take voluntary redundancy, whilst other colleagues transferred to the new service provider. The transfer went well and the employees have been very happy with their new employer.