TUPE for charities

[peppercorn]

As a charity what would you consider to be the risk involved in taking on TUPE when trying to win a new contract that we should be aware of and how could we minimise this.

[buildersmate]

Just focusing on the people-related aspects (rather than the broader commercial or strategic issues) -
1) Financial risk associated with liabilities from pension entitlement or long notice periods from the TUPEd employees (or indeed other T&Cs of employment).
2) HR risks associated with integrating 2 businesses together - managing change for those TUPEing across and becoming integrated into a new/different culture.
To be honest, I don't see any risk difference between the private sector or the not-for-profit sector bidding for these sorts of contracts.

[Catso]

Surely, if TUPE is applicable, you have to comply by it? You can't opt-out, it's a legal requirement. That's what I've always believed, anyway.

[peppercorn]

Perhaps you have misunderstood me, I'm not looking for an opt-out but a risk assessment tool or advice from anyone who has fell foul of something you might not necessarily think of or specific insurance etc. I might consider. Thanks

[buildersmate]

That's the way I tried to answer your question. There are risk assessment tools but its really something that can be answered satisfactorily in 1000 words

[buildersmate]

Oops ... NOT really something....