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David Hill
Member - 1 post
Currently we employ a contract company to undertake the over-night courier service. This company has now gone into administration. We urgently need to find a new courier to replace this service, are the original courier staff that dealt with my company services, covered by TUPE and would have rights to transfer to a separate company?
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James Fairchild
Member - 336 posts
I expect that the correct answer is "it depends".
Do these staff work solely on your work? Did they (or their predecessors) originate as your employees prior to the outsourcing?
If the answers to both the above are no, then I would say that you're outside of TUPE (but don't quote me). If one is a yes, then you need to speak to an employment lawyer.
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