Outsourcing—employment issues
Produced in partnership with David Williams and James Champness of Kemp Little
Outsourcing—employment issues

The following Employment practice note produced in partnership with David Williams and James Champness of Kemp Little provides comprehensive and up to date legal information covering:

  • Outsourcing—employment issues
  • Types of outsourcing situation
  • Core considerations
  • Will TUPE apply?
  • The service provision change (SPC) test
  • Fragmentation
  • The business transfer test
  • Cross border issues and outsourcing
  • Key implications where TUPE applies
  • What transfers under TUPE
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

This Practice Note considers the key employment law issues which may arise when drafting and negotiating outsourcing arrangements, focusing in particular on the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), SI 2006/246. Issues considered include:

  1. different types of outsourcing situation

  2. core planning considerations

  3. the application of TUPE and the possible implications

  4. who and what transfers under TUPE

  5. dismissals

  6. changing employment terms

  7. provision of employee information

  8. the obligation to inform and consult

  9. the commercial dynamic

  10. different approaches to outsourcing arrangements

  11. managing TUPE risk, and

  12. conduct of claims

This Practice Note should be read in conjunction with the TUPE and asset purchases—overview and the following, more detailed, Practice Notes:

  1. TUPE—service provision changes

  2. TUPE—business transfers

  3. TUPE—transnational transfers

  4. TUPE—transfer of rights and liabilities

  5. TUPE—transfer of employees

  6. TUPE—protection against dismissal

  7. Information and consultation in transfers

This Practice Note does not replicate the comprehensive

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