By Joanna Frost
1st Jul 2016
When services are outsourced, tendered or re-tendered, a transfer of employees is involved subject to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended TUPE.)
The employees have the right to transfer to the new contract with their terms and conditions of employment protected. This has implications for the procurement activity and it’s important to consider the effects this will have on your tender process.
Other than in an initial outsourcing situation, the School, College or Academy may not itself be a party to the TUPE transfer, which will be between the incumbent and the new provider. On the face of it, it might appear that TUPE should not be your concern. However, the below three significant problems often arise:
Consequently, it’s important for procurement teams to consider TUPE in the various stages of a procurement project, including pre-procurement stage, procurement process and contract conditions.
For more information and a list of top tips for TUPE and procurement projects please visit the Further Education Library of Procurement.