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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 66731
Experience:  Qualified Employment Solicitor
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I'm taking over a catering contract next January in a

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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.

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