TUPE Transfer Experience:

Case Study

OPS's HR Consultants are experienced in the management of employee transfers resulting from acquisitions and 'contracting out' exercises under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) and have managed the transfer of more than 2000 staff from one employer to another.   Transfers have been managed in both the public and private sector as a result of company acquisitions, business de-mergers and service transfers resulting from competitive tendering exercises and PFI contracts; some of which have also involved consultation and negotiations with trades unions.

In 2006 we undertook to support a Facilities Management Company to transfer over 150 staff from 18 different employers into one single employer entity. The transfer resulted from the Client being awarded a national contract for maintenance services; previously these services were supplied via locally managed contracts with specialist mechanical and electrical service contractors. This exercise involved the transfer of management and supervisory staff, surveyors, mechanical and electrical trades, support workers and administration staff.

Our role in this TUPE transfer was to:

1. Establish contact with 'outgoing' employers to identify those employees affected by the transfer and to determine whether employees would transfer or remain with their existing employers.
2. Request and obtain employee data relating to transferring employees from their employers.
3. Undertake a detailed review on the employee data obtained from 18 'outgoing' employers in order to establish pay rates, terms and conditions of service, employment benefits, pension provision, bonus scheme arrangements and conditions determined by national pay bodies.
4. Undertake a series of communication and consultation exercises with affected employees; making presentations to employees about TUPE, their new employer, new employment arrangements and the changes anticipated from the introduction of a national service supply arrangement.
5. Engage in 'one to one' meetings with transferring staff as part of the employee consultation and information gathering exercise.
6. Determine and continually monitor the headcount 'shortfall'.
7. Support an external recruitment exercise; advertising, liaison with recruitment consultancies, selection interviews, issuing contracts of employment.
8. Establish new and transferring employees onto the Client's payroll and manage the provision of employee benefit arrangements.
9. Undertake a comparison of employees' terms and conditions of employment as part of the Client's cost identification and change management programme.
10. Support the Client's management team in terms of the practical application of TUPE or provision of employment advice and assistance.