Hi
We are currently tendering for a contract which is supported by agency staff as well as direct labour. Some of the agency staff are self employed and cannot be employed directly because of their immigration status.
In light of the government giving agency staff the same protection as employed staff, do we have to TUPE these people onto our books. Obviously the ones with self employed immigration restriction issues cannot be employed by us, but where does this leave us legally and on a more general note does anyone know if someone works for an agency do we have to employ them direct following a TUPE Transfer.