Employment Lawyers Can Answer Your Employment Law Questions
Could you specify your question please
Hi thank you for your enquiry and patience. Yes a TUPE situation would have arisen from the time your contract with the NHS ended and they decided to contract others but whilst staff provided to them by you were still working for them. I hope this helps and all the best.
Hi, what contract do you have with the staff that you supply to the NHS?
In your contract with the NHS is there a clause on TUPE and if so may you copy it and post it here please?
Essentially if they are classified as workers then you would be right to insist on TUPE. if they are genuinely self employed individuals then they would not. But if you can answer the two questions above that would help me to respond to your last question.
If they were not on your books as employees and were not supplied to NHS as workers but strictly self-employed individuals, although there is a lot of debate on who is entitled to TUPE with the only guidance at the moment being from the Employment Tribunal in the first instance and not on Appeal, I would say they would not fit the criteria of TUPE. If you find the original contract please feel free to post it and I will review it thoroughly to see if there is a possibility that your staff are covered.
You are welcome