Outsourcing and TUPE: problems and solutions

Abstract

Reviews the question of whether the Transfer of Undertaking (Protection of Employment) Regulations 1978 (TUPE) affect outsourcing and in particular how the parties might cope if TUPE applies. Concludes that, under current judicial interpretation of TUPE, it will most likely apply to typical outsourcing. Thus, parties would be well advised to take contractual protection against the effects of TUPE. Suggests that such protection would include warranties and indemnities together with the appointment of liabilities.

Citation

Jeffers, R. (1996), "Outsourcing and TUPE: problems and solutions", Facilities, Vol. 14 No. 7/8, pp. 52-56. https://doi.org/10.1108/02632779610123407