I need to make sure that the application of TUPE is anticipated in that I am covering what happens when a service is taken over by a replacement service provider.
- I am the incoming service provider- providing childcare for school aged children in after school care.
- The outgoing service provider is the Local authority who are pushing us (a committee run charity) to take over.
- The present staff have been consulted on the fact that the council want to give the service away.
- They are being offered re-deployment to other childcare facilities within the council and will not lose rates of pay or continuous service. In fact might be better off as more hours will be offered.
- They might not want more hours or can’t do more hours, or want to stay at a job they know. So might want to stay with us when we take over.
Do TUPE laws still stand i.e. if they stay with us are they choosing to forego their right to same terms and conditions. If I like them and they are interviewed in the same way as our employees can I take them on under our terms and conditions?
Also what happens with the customers who receive the service must they come into our terms and conditions or can they insist on the old terms and conditions?
