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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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The properties I manage have been sold to another housing association.

Resolved Question:

The properties I manage have been sold to another housing association. Does this constitute TUPE arrangement in my case.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you asking whether you personally are covered by TUPE?

Customer:

I have no wish to be tuped as I've been with the outgoing company for 32 years. The transfer will add an extra 26 miles to my daily journey.

Ben Jones :

What is the extra mileage for?

Customer:

The extra mileage is the distance from my current place of work and the office of the incoming owner.

Ben Jones :

ok let me get my response ready please

Ben Jones :

A common scenario is where a managing agent carries out specific services at a property on behalf of the landlord. When the property gets sold or transferred to a new owner, then TUPE may indeed apply if the service provision test is met and the managing agent or service provider (contractor) will be the transferor and the owner of the property (the client) or the new managing agent or service provider (subsequent contractor) will be the transferee in a TUPE transfer.


 


However, recent case law suggests that there will not be a service provision change where there is a change in the identity of the managing agent or landlord (for example McCarrick v Hunter). This basically means that, where ownership or management of a commercial property changes and at the same time services are changed, staff providing services at the property will not transfer to the incoming services provider and liability for redundancies and other employment costs will remain with the outgoing service provider.


 


So you could argue that TUPE does not apply to you but this area is not straightforward and subject to interpretation, based on the individual circumstances. It could be that you argue TUPE does not apply, whereas both employers argue that it does – in the event of such a dispute it would only be down to an employment tribunal to decide who is right and you may have to take the matter there for resolution.

Customer:

Thank you. Can this be sent to my email please.

Ben Jones :

Unfortunately we cannot email customers but you have a few options:


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b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
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Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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