CIPD
provides practical TUPE guidance for people
managers
The CIPD has published practical guidance on the
people management requirements of organisations involved in business transfers
and service provision changes. The guidelines can be applied directly for
anyone involved in writing tenders for services, assessing bids received for services,
and guiding incoming and outgoing service
providers on the transfer of staff.
The
CIPD beleive that whilst there is guidance already published on TUPE (Transfer
of Undertaking (Protection of Employment) – the law underpinning business
transfers for staff, there is currently a significant
lack
of practical guidance for people managers.
The
Guide has been written by members of the
national HR Group for Substance Misuse Services, however its content is not
exclusive to employers working in that field and most public sector and
voluntary sector employers in the UK can use this to guide to inform their own
work. It provides an agreed
minimum set of standards for all involved parties to aid understanding and
business transactions during the preparation and transfer of staff. It also
provides practical help through tools that can be directly applied.
The
Guide has been designed so that employers and people management experts can use
it to inform their work. The authors highlight that it is often expected that
there is a core expertise regarding the people management aspects of preparing
and transferring services, but this is often not the case due to the complex legal
and practical requirements. The guidelines can be applied directly for anyone
involved in writing tenders for services, assessing bids received for services,
and guiding incoming and outgoing service
providers on the transfer of staff
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
