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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We have been using a Security Company number of years

Customer Question

We have been using a Security Company for a number of years who supply us with a Security Guard at our premesis. We are looking to change security companies, however we have been told that TUPE would apply. The new Security company have said they will only take on the contract if TUPE doesn't apply.
Are we correct in thinking that TUPE does apply?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
TUPE does apply to a service provision change whether you or the new contractor want it to or not.
It is quite difficult to see a way round the situation as you are not the current employer so cannot dismiss them with a settlement agreement to avoid a future claim. It is equally difficult to see how you could convince their current employer to do so!
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 2 years ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer.
Thank you.

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