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
Registered building inspectors
Building types and conflicts of interest updates explaineed.
Engineering services still struggle with labour shortages
According to latest quarterly services survey of the sector.
Infrastructure that connect the physical and digital domains.
Harnessing robotics and AI in challenging environments
The key to nuclear decommissioning and fusion engineering.
BSRIA announces Lisa Ashworth as new CEO
Tasked with furthering BSRIA’s impressive growth ambitions.
Public buildings get half a million energy efficiency boost
£557 million to switch to cleaner heating and save on energy.
CIOB launches pre-election manifesto
Outlining potential future policies for the next government.
Grenfell Tower Inquiry announcement
Phase 2 hearings come to a close and the final report due in September.
Progress from Parts L, F and O: A whitepaper, one year on.
A replicated study to understand the opinion of practitioners.
ECA announces new president 2024
Electrical engineer and business leader Stuart Smith.
A distinct type of countryside that should be celebrated.
Should Part O be extended to existing buildings?
EAC brands heatwave adaptation a missed opportunity.
Definition of Statutory in workplace and facilities management
Established by IWFM, BESA, CIBSE and BSRIA.
Tackling the transition from traditional heating systems
59% lack the necessary information and confidence to switch.
The general election and the construction industry
As PM, Rishi Sunak announces July 4 date for an election.
Eco apprenticeships continue help grow green workforce
A year after being recognised at the King's coronation.