TUPE Service Provision Changes

Commercial property businesses and businesses involved in second generation outsourcing transactions should be advised of a significant EAT decision. The EAT held that a change in ownership of a building prevented a security guard, whose contract was terminated when his employer lost a contract to provide security services at the building, from relying on TUPE to claim unfair dismissal against the new contractor.

Where ownership or management of a commercial property changes and at the same time facilities services are changed, facilities staff (such as cleaners or security guards) will not transfer to the incoming facilities provider and liability for redundancies and other employment costs will remain with the outgoing provider. Facilities providers may need to consider this potential risk in the outsourcing agreement with the client.

This checklist explains when TUPE applies and sets out the different obligations a business involved in the transaction may owe under the legislation.

For further information please contact our Business Law Team.

Contact us

O'Neill Patient Solicitors LLP
Chester House, 2 Chester Road, Hazel Grove,  Stockport, Cheshire, SK7 5NT


0161 694 3000 / 0161 483 8555




0844 576 2140 (we do not accept service by fax or email)