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TUPE? Great!

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    TUPE? Great!

    Guys,

    Does anyone know how contractors are affected by TUPE? I went through one as a permie in my last job and the same thing is happening here only now I'm a contractor! Is it me or something?! ;-)

    Anyone?

    P

    #2
    WTF is TUPE ?

    Comment


      #3
      Ffs

      Once a permie, always a permie !

      Comment


        #4
        Tupe=

        The Transfer of Undertakings (Protection of Employment) Regulations.
        It covers staff transferred to another company in situations such as outsourcing. As a contractor you are not affected, although you may be required to change agencies if yours is not on the PSL of the new outsourcer. Things can get a bit tricky at this point, because some agencies play hardball and won't allow contractors to transfer. Your contract effectively prohibits you from doing so without their permission for a set period (up to 12 months in some cases) but if the client wants you, they should be prepared to add your agency to their list. If not, you could be stuck.

        Link to TUPE info here .
        His heart is in the right place - shame we can't say the same about his brain...

        Comment


          #5
          Originally posted by Peter Loew
          Guys,

          Does anyone know how contractors are affected by TUPE? I went through one as a permie in my last job and the same thing is happening here only now I'm a contractor! Is it me or something?! ;-)

          Anyone?

          P
          I wouldn't bother with a tupe. Just go naturally bald.

          I'll get me comb...

          Comment


            #6
            TUPE is about protecting employment rights. It has no effect on a contractor because the contractor is not employed by the client compeny and so does not have any employment rights to be protected.
            Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.

            I preferred version 1!

            Comment


              #7
              You have no rights, except the right to pay IR35.

              HTH
              First Law of Contracting: Only the strong survive

              Comment


                #8
                Originally posted by Peter Loew
                Guys,

                Does anyone know how contractors are affected by TUPE? I went through one as a permie in my last job and the same thing is happening here only now I'm a contractor! Is it me or something?! ;-)

                Anyone?

                P

                You're a contractor. TUPE doesn't apply - the clue is in the word "employment"

                If you don't know the difference, you're in the wrong job - well for a short while anyway, since your contract is about to be terminated.
                Blog? What blog...?

                Comment


                  #9
                  First Law of Contracting: Only the strong survive

                  Comment


                    #10
                    Originally posted by malvolio
                    You're a contractor. TUPE doesn't apply - the clue is in the word "employment"

                    If you don't know the difference, you're in the wrong job - well for a short while anyway, since your contract is about to be terminated.
                    Yep, the only thing to come out of a TUPE arrangement for a contractor is a contract termination (possibly without notice).

                    I would be polishing the CV and getting my face out there if I was you.

                    However as I am me I would instead be going to the outsourcing manager and negotiating a way in which I could become a supplier of niche skills and getting him to outsource some of the work packages to my company and then I'd get others in to do the work. It's called business not employment!

                    You will find that if you are specialist enough the outsourcing company won't have the skills bank to draw on and they'll bite your arm off to give them a way to solve that headache. Obvioulsy you have to be bl00dy good and extremely pr0fessional.

                    You'll also find that if they are serious they will show you their rate card, and tell you their minimum charge-through percentage, essentially that tells you how much you can charge. If they make the % and their customer gets the service they really don't care who does the work.
                    Last edited by boredsenseless; 21 September 2006, 09:40.

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