How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61161
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I'm taking over a catering contract next January in a

This answer was rated:

Hi
I'm taking over a catering contract next January in a private school. Will I be forced to keep the staff from the previous catering company? Or can I bring in my own staff?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

You will most likely have obligations under TUPE as you are taking on a new contract. That means you will have to take over any existing staff which are assigned to that contract and currently work for the provider that supplies the service. If any of the transferring employees have worked in total for less than 2 years then you can dismiss them quite easily without any risks. However, anyone with more than 2 years’ service would have to be taken on and you have to look at potential redundancies if you have more people than you need.

 

Does this answer your query?

Ben Jones and other Employment Law Specialists are ready to help you