As we mentioned above, TUPE regulations would not apply if an external service provider’s contract was:
- Re-tendered
- Outsourced
- Insourced
- Transferred
For example, a caterer or cleaner who is employed by a business on a contractual basis wouldn’t be protected by TUPE if that business didn’t renew the contract and sought the service elsewhere. There are also scenarios with public sector organisations changing hands but remaining in the public sector, which wouldn’t be protected by TUPE law.
The question of TUPE regulations not applying or applying can be confusing, and if you’re in a transactional situation where you’re unsure, it’s always best to seek the advice of legal experts.