The Company I work for took on a contract with a larger company (‘the owner’) who were outsourcing part of their business.
All employees formerly employed by ‘the owner’ were transfered under TUPE to ourselves, with all existing terms and conditions remaining unchanged.
The contract is about to end and as such at present it is uncertain as to whether ‘the owner’ will take the job back in house or outsource again to yet another company.

With this in mind, my question is, how are those who joined our Company after the transfer and who were not previously employed by ‘the owner’, with more than one’s year’s service, affected by TUPE if the ‘owner’ decides to take the business back in house ?

I have read information provided by the DTI, ACAS and CIPD and can find no reference to this scenario. Can anybody help ?



Caroline Race