TUPE and outsourcing

  • Overview
  • Case studies
  • Across all sectors and an ever widening range of services, the need to innovate and reduce cost in service delivery has meant that outsourcing, mergers, acquisitions, joint ventures and shared services arrangements have become increasingly prevalent.  

    These invariably involve consideration of staff transfer issues, particularly in the light of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).  

    Bevan Brittan's employment team has a wealth of experience in advising employers across all sectors on the often complex issues which arise in connection with business or service provision changes, as well as secondment and joint working arrangements. We are recognised as leaders in our field in relation to the full range of TUPE and outsourcing issues.  

    Our experience and track record means we can deliver creative solutions and innovative workforce models for our clients.  

    We get nice, no-nonsense, practical advice on what to do. They're not stupidly aggressive, they're very commercial and they're sensible.

    Chambers 2017 , 1 / 2017

     

     How we can support you 

    We ensure that advice and assistance is provided in a way which delivers real value for our clients, whether it is full scale support throughout a TUPE / outsourcing process or ad hoc advice at pinch points where internal resources may be stretched. Examples of the support we offer includes:  

    • scoping assistance: getting the position right on potential TUPE issues at the outset
    • contractual review, drafting and negotiation including warranties and indemnities
    • strategic advice on bids and process
    • assistance with general TUPE/outsourcing issues, including information and consultation requirements, post-transfer changes to terms and conditions and equal pay issues  

    Working with clients  

    Our service is built on clear, focused, strategic support. We don’t sit on the fence. We’ll talk through the options and explain the risks. Then we’ll go one step further by telling you what we would do if we were in your shoes. It’s an approach that our clients tell us adds real value to what we do.

     

     

     

     

  • Richmond & Wandsworth Councils Shared Staffing Arrangement 

    We provided the employment and pensions support to Wandsworth and Richmond councils to implement new arrangements to share their workforce. The joint workforce creates the largest staff group in London local government. We advised on the employment law aspects including options for staffing models and drafting the requisite agreements and correspondence for staff documentation, as well as the pensions implications of the arrangements, particularly in relation to the Local Government Pension Scheme. 

    Outsourcing for insurer 

    We advised an insurer client on the TUPE aspects of the UK implementation and deployment of its worldwide outsourcing IT programme, covering businesses in the UK, US, Switzerland and Germany with 1,600 staff transferring. 

    Much of our advice is supporting ground breaking projects such as 

    • the HR and pensions aspects of the first Local Authority ABS for Buckinghamshire County Council
    • advising Doncaster Council on employment aspects of its solution for children's services – the first model involving the Council designing and commissioning an independent trust to take over its children’s services department.
    • advising Richmond & Kingston Councils on HR/pension aspects of the establishment of Achieving for Children, a community interest company wholly owned by the two councils to deliver their children’s services. The project involved specific secondment arrangements for some groups of staff performing non delegable regulated services as well as TUPE transfers for the majority of staff which with membership of the LGPS, NHS and Teachers' Pension scheme. 

    We advise private healthcare providers in respect of the pensions and associated TUPE risks around the acquisition of GP Practices. This has included specific advice about the risks and options available in respect of continued NHS Pension access for transferring staff. 

    We support independent sector providers with NHS Pension access applications particularly in the context of TUPE transfers where COSOP or Fair Deal may apply, including practical advice on liabilities for historical pension contributions.

     

     

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