What is TUPE
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), known colloquially as TUPE, are the United Kingdom’s implementation of the European Union Business Transfers Directive.
It is an important part of UK labour law, protecting employees whose business is being transferred to another business. The 2006 regulations replace the old 1981 regulations (SI 1981/1794) which implemented the original Directive.
The regulations’ main aims are to ensure that, just because of the transfer, employees are not dismissed before or after (unless there is an ‘economic, technical or organisational’) reason, employees’ most important terms and conditions of contracts are not worsened before or after the transfer, affected employees are informed and consulted through representatives
Earthworks at the Forest Pitch site
understanding of different machinery.
One of our main problems in
recruiting is staff being able to drive vehicles pulling a trailer. If they passed their test after 1997, they must sit an additional trailer test which, including the training costs of around £500 per person, can put a huge financial burden on the company.
Tendering for new work
We find a lot of time is now being spent on filling up pre- tender questionnaires for local government and the raft of legislation that goes with it. I appreciate that it is important
to have supplier information, Health & Safety, etc. but do we really need to fill in a twenty page document every time for each local authority? Would it not be sensible to have a standard format where local authorities can draw this information from a central source, without having to complete this amount of paperwork each time we apply for a
tender? I would like to hear other
contractors views on this subject.
undertake snow clearing for local authorities and, in the case of the last two winters, clients such as Twickenham Stadium, both on the pitch and in the car parks. The wide range of services offered has ensured that, despite the current challenging economic climate and Government cuts in expenditure, there is sufficient variation in the works programme to ensure that the company thrives. Provision of plant and machinery to
undertake the various projects includes: - Six John Deere tractors
- Laser controlled trenchers and backfilling machinery
- AFT Whizz Wheel - Blec Sandmaster - 360° Excavators - Bulldozer D6 - Seeding and topdressing machinery - Koro Field Topmaker - Blec Groundbreaker - Six Verti-drains
- Cultivation and laser controlled grading machinery
- Grass cutting machinery - Spraying equipment To utilise plant and machinery to its full
potential, and ensure that projects are undertaken to the highest of standards, a considerable investment has been made in the training of staff, to produce an able, conscientious and motivated workforce.
This does not apply to transfers which go merely through the sale of a company’s shares. When that happens, because the company is still the same company, all contractual obligations stay the same. The Directive and Regulations apply to other forms of transfer, through sale of physical assets and leases. The regulations also apply, in some cases, for work transferred to contractors. These protected contract terms for workers include hours of work, pay, length of service and so on, but pension entitlement is excluded.
EXAMPLE:
Imagine a company that has in-house cleaners. The company decides that they want to tender-out the contract for cleaning services. The new company that takes over the work may employ the same cleaners. If it does so, TUPE will make it likely that the new employer will have to employ the cleaners subject to the same terms and conditions as they had under the original employer.
If any staff are dismissed by either employer for a reason connected with the new arrangement, this will automatically be deemed an unfair dismissal and the new employer will be liable for any statutory claims arising as a result.
This is also the case where a target business (as distinct from shares in a company) is bought from company A by company B (often much larger) and integrated with the business of company B.
Training courses are attended on a regular basis to ensure the continued development of the personnel.
Serious consideration is given to the demands of the work programme, on an ongoing basis, to ensure that, whilst including as many projects as possible, it remains feasible and logistically practical to fulfil the requirements of all the clients. Much of the spring and autumn
renovation work is repeat business, booked in up to one year ahead, some of which has been undertaken for over twenty years. This is clearly a reliable indication of client satisfaction and also provides the framework around which further projects are booked into the schedule at those particularly busy times of the year. Throughout the schedule, during the period February to November inclusive, flexibility and consideration in respect of ground and weather conditions prior to and during contracts become of optimum importance, and the fulfilment of client expectation and completion of projects to the highest standard and to tight timescales becomes an all consuming task. Whilst a reduced schedule is undertaken in December and January, the ongoing week to week maintenance packages continue throughout these months. Despite the plethora of challenges faced
by contractors in the sports turf industry in the current economic climate, the company is well-established and in a sound, secure position from which to expand further over the coming years. In fact, the schedule of
works planned for 2011 is as intensive, and potentially more so, than in previous years. Philip Matthews, Managing Director, sums up the ethos and mission statement behind the success of CH Grounds that has remained throughout the years, “to provide a competitive, diverse service without compromising on quality and to ensure that all clients’ expectations are totally fulfilled, through a process of communication and attention to detail and the provision of up to date, well-maintained, plant and machinery, operated by a professional motivated, well- trained staff.”
Whizz Wheel in operation
Field Topmaker being put through its paces
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