TUPE? Great!

[hattra]

Guys,

Does anyone know how contractors are affected by TUPE? I went through one as a permie in my last job and the same thing is happening here only now I'm a contractor! Is it me or something?! ;-)

Anyone?

P

Is your client a certain financial services company on the south coast, by any chance?

[brentmeister]

If the contract is being outsourced/privatised then this will be an opportunity for you to see your true value to the organisation. If you are ditched then you are excess baggage. If they keep you then you are truly a valuable part of the business. Either way you will know where you stand.

[ASB]

In very particular circumstances you might have some protection. Look at Muscat v Cable and Wireless and see how close it is to your circumstances.

Personally however I think if you try and argue you are protected by TUPE you are doing yourself a great disservice (you'll also be cast iron IR35'ed).

Provided you receive notice for the current supplier in accordance with the terms then that is all you can reasonably expect. However, it might be worth checking your contract. It is not entirely unknown for it to hgave Client co or sucessors in it.

[lukemg]

Dept I was in got outsourced, mostly contractors, had to switch agency but everything carried on the same at first. They didn't want to mess the deal up by clearing out all the people who were keeping it all working, lot's of assurances that things would carry on the same (we knew better)
As people left, they were replaced with 20 yr olds with very little knowledge (cheap though !). Fair enough, we trained 'em up. After about 6 months, they culled half the contract staff and put them on notice.
It was fair enough, not a surprise, as contractors you are there as long as it fits in wth what the company want, if that changes, you could be gone.
The rates were high for the market so I just stayed till pushed. If there had been better contracts around I would have jumped.
It's business, not personal, there was no way they could make money with the contract costs in place.
No matter what they say, you should not be surprised by the axe.

[boredsenseless]

You're a contractor. TUPE doesn't apply - the clue is in the word "employment"

If you don't know the difference, you're in the wrong job - well for a short while anyway, since your contract is about to be terminated.

Yep, the only thing to come out of a TUPE arrangement for a contractor is a contract termination (possibly without notice).

I would be polishing the CV and getting my face out there if I was you.

However as I am me I would instead be going to the outsourcing manager and negotiating a way in which I could become a supplier of niche skills and getting him to outsource some of the work packages to my company and then I'd get others in to do the work. It's called business not employment!

You will find that if you are specialist enough the outsourcing company won't have the skills bank to draw on and they'll bite your arm off to give them a way to solve that headache. Obvioulsy you have to be bl00dy good and extremely pr0fessional.

You'll also find that if they are serious they will show you their rate card, and tell you their minimum charge-through percentage, essentially that tells you how much you can charge. If they make the % and their customer gets the service they really don't care who does the work.

[_V_]

[malvolio]

Guys,

Does anyone know how contractors are affected by TUPE? I went through one as a permie in my last job and the same thing is happening here only now I'm a contractor! Is it me or something?! ;-)

Anyone?

P

You're a contractor. TUPE doesn't apply - the clue is in the word "employment"

If you don't know the difference, you're in the wrong job - well for a short while anyway, since your contract is about to be terminated.

[_V_]

You have no rights, except the right to pay IR35.

HTH

[BoredBloke]

TUPE is about protecting employment rights. It has no effect on a contractor because the contractor is not employed by the client compeny and so does not have any employment rights to be protected.

[Pinto]

Guys,

Does anyone know how contractors are affected by TUPE? I went through one as a permie in my last job and the same thing is happening here only now I'm a contractor! Is it me or something?! ;-)

Anyone?

P

I wouldn't bother with a tupe. Just go naturally bald.

I'll get me comb...

[Mordac]

Tupe=

The Transfer of Undertakings (Protection of Employment) Regulations.
It covers staff transferred to another company in situations such as outsourcing. As a contractor you are not affected, although you may be required to change agencies if yours is not on the PSL of the new outsourcer. Things can get a bit tricky at this point, because some agencies play hardball and won't allow contractors to transfer. Your contract effectively prohibits you from doing so without their permission for a set period (up to 12 months in some cases) but if the client wants you, they should be prepared to add your agency to their list. If not, you could be stuck.

Link to TUPE info here .

[Asterix]

Ffs

Once a permie, always a permie !

[Andyw]

WTF is TUPE ?

[Peter Loew]

Guys,

Does anyone know how contractors are affected by TUPE? I went through one as a permie in my last job and the same thing is happening here only now I'm a contractor! Is it me or something?! ;-)

Anyone?

P