TUPE considerations and bidding
Contents |
[edit] Introduction
The Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 is frequently referred to as TUPE.
These regulations protect employees’ terms and conditions when a business is transferred from one owner to another. They apply to business transfers and service provision transfers of all sizes and to both the outgoing employer and the incoming employer.
[edit] When TUPE can be a concern
When TUPE applies, it means employees that have been assigned to a project will be transferred under the same terms and conditions - which may be more generous than the new employer would offer. This may influence a potential bidder's decision whether or not to pursue the contract.
It is not uncommon for the existence of TUPE to be phrased in vague language, such as “TUPE transfers may apply” or “the contracting authority does not expect that TUPE will apply”. Even if conditions are not clear (or details are not available), the potential contractor is likely have to comply with TUPE requirements once the terms and conditions of the contract have been accepted.
[edit] Preparing for TUPE
It is possible to request basic information (and subsequent clarification, if necessary) regarding the number of people who will be transferred. If information is inconclusive, bidders should attempt to make an estimate of that number. This can be used as part of the negotiation process.
Bidders should also be well aware of the consequences of TUPE and should carry out due diligence when bidding on projects. The new employer may be able to suggest revisions for employees that have been inherited through TUPE, but severe changes could result in claims of constructive unfair dismissal.
[edit] Related articles on Designing Buildings
Featured articles and news
Cladding remediation programmes, transparency and target date.
National Audit Office issue report on cladding remediation.
HBPT and BEAMS Jubilees. Book review.
Does the first Labour budget deliver for the built environment?
What does the UK Budget mean for electrical contractors?
Mixed response as business pays, are there silver linings?
A brownfield housing boost for Liverpool
A 56 million investment from Homes England now approved.
Fostering a future-ready workforce through collaboration
Collaborative Futures: Competence, Capability and Capacity, published and available for download.
Considerate Constructors Scheme acquires Building A Safer Future
Acquisition defines a new era for safety in construction.
AT Awards evening 2024; the winners and finalists
Recognising professionals with outstanding achievements.
Reactions to the Autumn Budget announcement
And key elements of the quoted budget to rebuild Britain.
Chancellor of the Exchequer delivers Budget
Repairing, fixing, rebuilding, protecting and strengthening.
Expectation management in building design
Interest, management, occupant satisfaction and the performance gap.
Connecting conservation research and practice with IHBC
State of the art heritage research & practice and guidance.
Innovative Silica Safety Toolkit
Receives funding boost in memory of construction visionary.
Gentle density and the current context of planning changes
How should designers deliver it now as it appears in NPPF.
Sustainable Futures. Redefining Retrofit for Net Zero Living
More speakers confirmed for BSRIA Briefing 2024.
Making the most of urban land: Brownfield Passports
Policy paper in brief with industry responses welcomed.
The boundaries and networks of the Magonsæte.