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Situation is that the company I have worked for on a contract basis (not my choice) for 3.5 years had outsourced work to an engineering company. Decision made (due to cost plus efficiency) to take the work they did back in house.
A number of employees of the engineering company were TUPE'd in directly as staff. This displaced some fellow contractors, reason generally given was "HR tell us it is the law and we need to displace contractors to accommodate this". Some of the staff folks transferred in had been supporting the now defunct contract for only a few months. In one case this displacement happened, I know it was a convenient reason to get rid of a fellow contractor. The TUPE'd replacement had significantly less experience than the displaced. However, life can be tough.
So, is there a specific time period that someone needs to have had the majority of their time supporting before having a real legal right to be TUPE'd?
Thanks.
benz, not as far as I know (although you can get rid of the newly tupe'd person if they served <2yrs in total, failry easily) BUT you can probably get rid of contractors even easier and cheaper. Its the risk contractors take, and why they get paid more than real staff.
I don't think self-employed contractors are covered are they? It's just permies and employees on fixed-term contracts (but I think that's different to a contractor being on a 3 or 6 month rolling contract who has a limited company or agency?). Even if it did presumably they'd just not renew your contract when it was next due rather than go through TUPE (if they didn't want you)?
TUPE only covers employee's, not contractors. Unfortunately, as a contractor you will have no rights under TUPE and the new company will have legal responsibilities with regards the employee's that it is taking over.
I don’t think that’s the question he’s asking? I think he’s saying do the transferring in employees have TUPE rights if they’ve been employed less than 2 years - to which the answer is yes - TUPE applies irrespective of length of service. The 2 years is about claims for unfair dismissal.
if you wanted to play hardball you could say you’d grass them up for breaching ir35 (if that was the case) but that would have consequences for both parties so would be a pretty risky option.
