TUPE and Redundancy

We managed the TUPE consultation process in conjunction with the outgoing employer

Case Study – Maintenance Company

TUPE and Redundancy

The Client

The client is a national cleaning equipment maintenance and servicing provider, employing over 50 field based engineers across the UK.

The Brief

As part of an expansion plan, the client was awarded a large value contract to carry out additional equipment servicing to a portfolio of national clients.

The employees currently working on this servicing contract were protected under the transfer of undertakings regulations and as such their employment was protected and would transfer to the client.

The client identified that in taking on the existing staff they would be overstaffed by 19 employees.

Solutions for HR were appointed to manage the TUPE and restructure process which due to the contract timescale had to be finalised within 6 weeks.

The Solution

Solutions for HR worked with the client to identify staffing requirements for the structure going forwards and those at risk of redundancy.

Those at risk of redundancy included helpdesk staff and field based engineers.

We managed the TUPE consultation process in conjunction with the outgoing employer to elect and consult with employee representatives on the measures and implications of the transfer.

This included the proposals on redundancy along with changes to engineer working regions.

Solutions for HR consulted with employees from the incoming employer and the client’s own staff to ensure honest and open communication with all affected employees in accordance with legal requirements.

In respect of redundancy, volunteers were initially invited in order to mitigate compulsory redundancy.

As not enough volunteers were found, a detailed selection process was addressed based on skill, qualification and performance in order to fairly and objectively select those at risk.

Solutions for HR facilitated all TUPE and redundancy consultation meetings and at each stage produced all the necessary letters and documentation.

The Result

We ensured that all legal requirements in relation to the election of employee reps, information and consultation arrangements, changes to territories, reorganisation and dismissal were managed fairly and professionally.

Our role ensured that legislative requirements were adhered to and that employees were treated sensitively and with respect.

The process was managed within the timescale and with no legal issues for the client.

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