We acted for an education services provider in regard to a TUPE transfer, following the termination of a contract for school support services by the relevant local authority.
Following termination of the contract for services, the local authority disputed the application of the TUPE Regulations and refused to acknowledge that a number of our client’s employees would transfer to the local authority by application of the TUPE Regulations.
Upon instruction, we explained to the local authority when the TUPE Regulations apply, that the TUPE Regulations apply irrespective of the parties’ intentions, and the consequences should the local authority continue to dispute the application of the TUPE Regulations – namely, the relevant staff would be treated as dismissed on termination of the contract for services, and the local authority would be open to a claim of unfair dismissal.
We negotiated with the local authority and agreed a joint approach to the application of the TUPE Regulations and the transfer of staff upon termination of the contract for services.
We also regularly advise on common issues faced by school in relation to TUPE including:
- Measures letters.
- Transferee and transferor obligations including in relation to Employee Liability Information and measures.
- LGPS implications including admission agreements, pass-throughs and bonds.
- Harmonising terms and conditions of employment post transfer.