PPRuNe Forums - View Single Post - UK SAR 2013 privatisation: the new thread
Old 1st Apr 2013, 20:06
  #194 (permalink)  
gasax
 
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TUPE is something of a minefield. Which is why private companies will frequently agree that it applies as a contract changes - doing that simply reduces the issues.

Of course those protected rights are usually lost within the first 18 months by a whole variety of means.

As for it applying in a transfer from the military to private sectors? My first thought is not a chance. The military do not have anything which resembles a contracted service. The hardware and personnel requirements are totally different - so the undertakings (that U in TUPE) are different....

Some of the early test cases revolved around whether equipment used in the undertaking of the contract was handed over - that might cover parts of the bases? Probably not though as a simple change in definition will make things look sufficiently different.

In short if yu are an office cleaner TUPE can protect your wages, if you are in a skilled profession - more skilled legal people will have ruled all of that out.....
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