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Facilities management and TUPE

Facilities Management and TUPE

With both the public sector and large corporates outsourcing the management of their facilities, Birketts’ Employment Law Team has developed a wealth of knowledge and expertise in dealing with all employment law issues arising from the Facilities Management (FM) process. Whether you are tendering or have successfully tendered for a contract and need specific advice on the transfer of employees under the Transfer of Undertakings Protection of Employment Regulations 2006 (TUPE) or having lost a contract need advice on determining who transfers out from your organisation or business, we can help.

The transfer of employees in facilities management scenarios creates a number of difficulties from ‘cherry picking’ and ‘dumping’ of employees to considering benefits and pension schemes. Birketts’ Employment Law Team can guide you through the maze of TUPE regulation in order to protect your business and to avoid Employment Tribunal litigation arising. As more and more public authorities contract out their key services to the private sector the transfer of staff under TUPE becomes more and more prevalent. The fragmentation of certain second generation contracts has also presented employers with complex issues such as “to who do the employees transfer?” if at all.

Birketts’ Employment Law Team can also advise on contractual documentation with your facilities management clients, whether it is advising on indemnities or data protection questions arising from the transfer of employee data.

To contact a member of our team for more information about the services we provide and find out more about any issues arising from TUPE or employment law regarding Facilities Management (FM), please email Birketts’ Employment Law Team.

They get to understand the organisation well so they can offer the right level of support and advice. They genuinely care about what happens and make the time for you as a client to support and reassure the business.

Legal 500 [UK 2024]

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