Outsourcing - TUPE Forum Thursday 6th March 2014

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Outsourcing and employment issues

Outsourcing can best be described as the contracting out of a service by a business to be carried out on its behalf by a third party. Most commonly this can be seen in the provision of IT, property management and facilities management services.

Having been involved in outsourcing situations, you will no doubt have encountered the Transfer of Undertakings (Protection of Employment) Regulations 2006, commonly known as TUPE.

In outsourcing, TUPE is likely to apply where there is: 

1. First Generation Outsourcing - a business outsources a service to be carried out on their behalf by a third party;
2. Second Generation Outsourcing – a business continues to outsource a service but moves the contract from one service provider to another; or