Facilities Management & TUPE

Birketts’ Employment Team has developed a wealth of knowledge and expertise in dealing with all employment law issues arising from the Facilities Management (FM) process.

With both the public sector and large corporates outsourcing the management of their facilities, Birketts’ Employment 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.

The 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.


The employment team at this firm is excellent. The advice, and quality of opinion is outstanding, and highly pragmatic. The knowledge is first rate, and the linking to other specialist areas of the firm to support the client is very good.

Legal 500 [UK 2022]

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