TUPE: Motive is relevant to application of TUPE on change of contractor

• Author:
• Tarlo Lyons

Case-law has established that on a change of contractor in a
labour-intensive sector, the transfer of a major part of the workforce (in
terms of numbers and skills) is necessary for TUPE to apply. The Court of
Appeal in RCO Support Services Ltd -v- Unison has now confirmed that - if
the motive of a replacement contractor in not taking on the outgoing
contractor's employees is to avoid the application of TUPE - this will be
taken into account and will not prevent TUPE applying.

In the case, a... (146 more words)

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