TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations
The purpose of TUPE (Transfer of Undertakings Protection of Employment Regulations) is to protect employees if the organisation in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law. This can happen a lot when changing facilities management companies, particularly with cleaning and security services. Many organisations can feel daunted by this – however, with experts like RFM Group, you are in safe hands.
TUPE & HR SUPPORT
There can be several issues faced when transferring employees to our employment from an incumbent supplier, many of which are unavoidable, however, the biggest risk is alienating/demotivating the workforce by not informing them of what is happening and how it will affect them. We, therefore, make it an absolute priority to maintain strong communication with all employees from the outset and reassure them of their working situation avoiding any unrest.
We will also call on client representatives to assist in maintaining these communication channels throughout the mobilisation period. Our HR and finance departments have extensive experience in managing the TUPE process and have done so for many clients. This has included obtaining Admitted Body Status (ABS) to provide the Local Government Pension Scheme (LGPS) entitlement to transferring employees when necessary.
Our dedicated and experienced HR Manager, Becky Hirst, will manage the TUPE process and will be able to provide any clarification if required.
Fully Documented TUPE Process
When transferring employees from an incumbent contractor under TUPE regulations, we follow a documented process designed to reassure all employees and allow sufficient time for any issues to be addressed.
Letters are sent to employees: Outlining our company, the TUPE process and how it will affect them. We also include details of the initial on-site meeting and include an FAQ sheet.
Our management team attend the site of work and meet with new employees: This meeting is used to discuss any measures/ changes to employment terms, any restructure of working hours, our time & attendance system and payroll procedures.
Effective onboarding: A follow-up ‘onboarding’ meeting is arranged with all employees to obtain personal details, right-to-work documentation, bank details, DBS applications and give employees copies of our terms & conditions of employment.
Full training: Any required training days are scheduled in following delivery of new equipment and uniforms etc. to site. Cleaning schedules are rolled out and assessments of performance are carried out to identify any further training needs during contract mobilisation period.
FAQs about TUPE and HR Support in Facilities Management
Q: What is TUPE?
A: TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. It is a UK law that protects the rights of employees when the business they work for changes hands. TUPE applies to transfers of businesses or parts of businesses, and also to outsourcing, insourcing, and changes of the service providers.
Q: What rights do employees have under TUPE?
A: Under TUPE, employees have the right to transfer to the new employer on their existing terms and conditions of employment. This includes their salary, working hours, holidays, and other benefits. The new employer also has to recognize any trade unions that the employees are members of.
Q: Can the new employer make changes to the terms and conditions of employment?
A: In some cases, the new employer may be able to make changes to the terms and conditions of employment, but only if there is an “economic, technical, or organizational” reason for the changes. This is known as an “ETO reason”. The new employer must also consult with the employees and their representatives before making any changes.
Q: What is the role of HR in a TUPE transfer?
A: HR has a number of responsibilities in relation to TUPE, including:
- Providing employees with information about the transfer, including the reason for the transfer, the legal, economic, and social implications of the transfer, and any changes to their terms and conditions of employment.
- Consulting with employees and their representatives about the transfer and any proposed changes to their terms and conditions of employment.
- Assisting with the transfer of employee records and other HR-related matters.
- Providing support to employees during the transfer process, including helping them to understand their rights and assisting with any queries or concerns they may have.
Q: What is the role of facilities management in a TUPE transfer?
A: The role of facilities management in a TUPE transfer will depend on the specific circumstances of the transfer. In general, however, facilities management may be involved in:
- Ensuring that the physical transfer of the business or service is carried out smoothly, including the transfer of any assets or equipment.
- Managing the transition to the new service provider, including coordinating the handover of responsibilities and ensuring that the new provider is able to fulfil their duties.
- Providing support to employees during the transfer process, including helping them to understand any changes to their working arrangements and assisting with any queries or concerns they may have.
