Taxi Driver Online

TUPE does not apply to:

transfers by share take-over because, when a company's shares are sold to new shareholders, there is no transfer of the business: the same company continues to be the employer
transfer of assets only (eg the sale of equipment alone wouldn't be covered but the sale of a going concern including equipment would be covered)
transfer of a contract to provide goods or services where this doesn't involve the transfer of a business or part of a business
transfers of undertakings situated outside the UK.
Could this be a sticking point?

You are not transferring anything.

I have a customer this morning who is a partner in an employment law firm. Hopefully she will be able to put my mind at ease.

She thinks that the employees wont be able to claim for 2 reasons. 1. Length of service - they have not been employed long enough to claim unfair dismissal. and 2. Short term contract exemption.

Length of service doesn't come into it when TUPE is involved. If the contract was for say a year and it was terminated before that and re-tendered as the same service, then TUPE does apply. If your employees are aware it's for a year, then your contract with them should reflect that, but that is only if the service isn't re-tendered at the end of the contract period.

Length of service doesn't come into it when TUPE is involved. If the contract was for say a year and it was terminated before that and re-tendered as the same service, then TUPE does apply. If your employees are aware it's for a year, then your contract with them should reflect that, but that is only if the service isn't re-tendered at the end of the contract period.

Grandad, turn it around, would you take on some other firms drivers and escorts for a newly won contract?...

If it was mentioned on the tender, I would have the choice of weather I tendered or not. I suspect that if it was mentioned on this particular tender, the other company would not have submitted a tender.
I think the Council are acting in an unfair way by seeking legal advice and then passing this advice to the new company. That would seem to be favouring one company over another and is possibly illegal.

I have just been informed which company has been awarded the contract. It is a local company to me who do not (as yet) have any employees. I also know for sure that they have drivers and escorts that are paid £3.00 cash in hand whilst claiming benefits because I have had one of them ask me if I can offer him the same deal in the past. This could be interesting.

so your drivers/escorts could be on for a move AND a pay rise then?

I have just been informed which company has been awarded the contract. It is a local company to me who do not (as yet) have any employees. I also know for sure that they have drivers and escorts that are paid £3.00 cash in hand whilst claiming benefits because I have had one of them ask me if I can offer him the same deal in the past. This could be interesting.