Please  click here to view the invitation.

Outsourcing and employment issues

Outsourcing can best be described as the contracting out of a service by a business to be carried out on its behalf by a third party. Most commonly this can be seen in the provision of IT, property management and facilities management services.

Having been involved in outsourcing situations, you will no doubt have encountered the Transfer of Undertakings (Protection of Employment) Regulations 2006, commonly known as TUPE.

In outsourcing, TUPE is likely to apply where there is: 

  1. First Generation Outsourcing - a business outsources a service to be carried out on their behalf by a third party;
  2. Second Generation Outsourcing – a business continues to outsource a service but moves the contract from one service provider to another; or
  3. Insourcing - a business decides to take services back in-house.

If TUPE applies, those employees who are affected by the proposals will be entitled to legal protections. An employer's failure to act in accordance with TUPE can prove very costly. 

TUPE Forum - Thursday 6th March 2014

The forum will be hosted by Wedlake Bell's employment team and is free to attend . We will focus on the key employment issues that arise in outsourcing situations with a view to providing you with practical and commercial guidance, especially in light of the TUPE amendments being made in 2014. The attached invite provides further details.

The forum is aimed at HR and Commercial professionals dealing with the practical, commercial and employment aspects of outsourcing transactions. There will be an opportunity to network and share experiences with fellow professionals in the outsourcing world.

Wedlake Bell have significant experience and expertise in all aspects of commercial outsourcing acting for a number of well respect clients on high value and complex transactions. We provide a full range of legal services which cover all aspects of the outsourcing transaction including tenders, winning and losing contracts and in the worst case scenario, litigating and resolving commercial disputes.

Our Commercial team, will run a further forum/workshop in June/July 2014 which will focus on the commercial aspects of outsourcing transactions. Full details will be circulated nearer the time.

Confirming your attendance

If you and/or any colleagues would be interested in attending, please respond to this email or to Laura Foster –lfoster@wedlakebell.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.