TUPE

Q        What does TUPE stand for?

A        Transfer of Undertakings Protection of Employment.

Q        We are dissatisfied with the service we have been receiving from our contract cleaner and want to appoint a new company. Is TUPE likely to apply in this situation as we really don't want the cleaner to transfer because she's useless?

A        If the cleaner works solely on your contract, or spends a large proportion of her working time on your contract, it is likely that TUPE will apply and the incoming contractor will be obliged to take her on.  However, if your contract is only one of many on which she works, or the cleaners are regularly rotated, it may be that TUPE won't apply.  It really depends on the individual circumstances.  This is a very common situation with TUPE, where companies are obliged to employ the staff responsible for losing the contract in the first place.