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Hello, my name is Ben and it is my pleasure to assist you with your question today.
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Hello can you please let me know if you are going to provide the same services as the outgoing contractor?
TUPE is a piece of legislation which exists to protect employees' rights if the business in which they are employed changes hands. This could be because of a sale of the business, or because a new contractor takes over the services provided by their current employer. Examples include:
Your situation will potentially fall into the last category. To qualify for TUPE protection, the relevant activities must retain their identity after the transfer. It is implicit that the post-transfer activities must be identifiable as the pre-transfer activities for a service provision change to occur, although those activities may be carried out in a different way. It is likely that TUPE will apply because even though they have moved into new premises, they would have been employed to undertake cleaning services to their office location, and the mere change of office does not mean that the services themselves would change significantly r that there will be a substantial difference in the way they are performed to make them completely unconnected to the new service you will provide.