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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 71401
Experience:  Qualified Employment Solicitor
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We recently lost a tender to another company who will now

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Hello,We recently lost a tender to another company who will now take over the service that we provide in a UK airport. TUPE would apply in this situation.However, our contract with the airport had expired and what we don't want to happen is the "new company" to absolve themselves of the responsibility of taking over our employees.Presumably, it is irrelevant whether the service agreement has expired, at the end of the day the new company is taking over the same service that we provided and therefore our staff transfer to them. Am I correct to assume that?

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. How many employees are there and how long have they worked for the business?

Customer: replied 19 days ago.
Hi Ben, only 5 all with over 2-years service

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now.

Your understanding is indeed correct. Just because the service contract has expired does not automatically mean that the employees are no longer protected and sometimes there may be a short cessation of services whilst the transfer takes place. However, such a gap will not remove the employees’ protection under TUPE

In the end, if the triggers for TUPE are satisfied and the cessation of services was just temporary then TUPE would still apply and the employees would transfer over to the new employer jst as if there was no break in services.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 19 days ago.
Hi Ben,Thanks for your response.Our contract with the airport expired in July.COVID-19 got in the way, and in-between time the tenders went in which we lost.We are still operating there without a contract until the new company takeover, which is expected to be Feb/Mar next year.They will be providing a takeover of the service that we provide. So, it is good to hear that the employees will still be protected under TUPE and we can offer a rebuttal to the other company should they suggest it doesn't because we are out of contact.Thanks for your help.
Customer: replied 19 days ago.
out of contract

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best

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