It's increasingly common for companies to outsource and/or off-shore the non strategic components of non core operational activities such as Tele-Sales, Finance, IT and HR. Additionally companies are increasingly evaluating the performance of their outsourced providers and are sometimes switching suppliers as a result. Some companies are even deciding to reverse previous outsourcing decisions and are "in-sourcing" these services. Some organisations may decide that merger with a competitor is the best way of protecting and developing the business.

In the vast majority of the above cases, operational decisions such as these will be subject to "TUPE" (Transfer of Employment Protection of Employment) legislation. TUPE protects the employment and terms of conditions of employees who, in such situations, find themselves working for a new employer.

Whilst there are a number of considerations that have to be made to determine whether any particular service or business transfer is covered by TUPE (and our consultants are well versed in these) in practice the vast majority will be and unless it is demonstrated otherwise, it is far safer to assume in the context of any such project, that TUPE will apply rather than the reverse. The penalties for getting this wrong can be significant. For example for every employee who is not properly consulted about the transfer, you may be liable to paying a penalty equivalent to 13 weeks pay. The only final test is at an Employment or Employment Appeals Tribunal, by which time if you get it wrong it will be too late.

At BPM we provide expert TUPE Transfer Consultancy and advice to companies who are implementing such decisions. We will ensure you understand your obligations under the law and that you know what to do in order to implement the changes as effectively and efficiently as possible whilst complying with the law.

We can help with the provision of consultancy and advice around:

• Structuring your outsourcing project
• Understanding what TUPE will mean to your project
• Do's and Don'ts
• Bid support
• Choosing a supplier
• HR due diligence
• Making TUPE work for you
• Preparing for Outsourcing
• Employee Consultation
• Trade Union relations
• Change Management
• Project Planning

These changes will often require a great deal of preparation and will often have a direct impact on significant numbers of staff.

Ultimately commercial decisions, supported by thorough due diligence on the part of both the potential outsourcer and the potential service provider, will determine whether any particular outsourcing (or in-sourcing) project will go ahead.

We are able to provide all the HR Consultancy and Project Management services you may need as an outsourcer or service provider in order to make and implement such decisions and to ensure that the required organisational transformation is effective and that employees are fully engaged.

You can read more about TUPE related issues here.

Examples and case studies of some of our work

1995 - Transfer of Electrical Retailing Business under TUPE

1999 - Qualified out the potential transfer-in of an IT Services operation due to excessive risks associated with pension costs

2000 - Transfer-in of IT SAP Consulting business.

2003 - Integration of Consulting teams and remuneration schemes following merger of IT companies

2004 - Transfer-in of IT Services Operation supporting a major Insurance company

2006 - Transfer-in of sales force to newly created French subsidiary of a UK manufacturing business

2007 - Managed the TUPE transfer-in of Chauffeuring team following the re-assignment of a contract of service by a major international Media and Information company

2008 - Advised a major Property Services Company on the development of their strategy for Outsourcing IT Services and managing the TUPE issues within a context of multiple previous acquisitions and transfers

2009 - Advised a top University on the development of their strategy for in-sourcing previously out-sourced IT Services and for managing the TUPE implications