TUPE (Transfer of Undertakings) Policy

This policy sets out RD1's approach to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), covering how we manage the transfer of workers when RD1 takes over a staffing contract from an incumbent supplier, or when a contract RD1 holds transfers to a new supplier at the end of its term.

TUPE can apply to a "service provision change" as well as a traditional business transfer — this means it may apply when RD1 wins a framework call-off or contract previously serviced by another agency, where an organised group of workers assigned to that contract could transfer to RD1 by operation of law, along with their existing terms and continuity of employment.

Where RD1 is mobilising a new contract that may involve a TUPE transfer, we: engage with the outgoing supplier and client as early as possible to obtain accurate employee liability information (as required under the Employment Rights Act 1996's employee liability information provisions); assess which workers are genuinely "assigned" to the contract and therefore eligible to transfer; honour transferring employees' existing terms and conditions and continuity of service, save for any permitted harmonisation after a reasonable period; and consult with affected employees or their representatives in good time before the transfer takes effect.

Where RD1 is the outgoing supplier on a contract ending, we cooperate with the incoming supplier in providing accurate employee liability information, support a smooth and lawful handover for any affected workers, and meet our own consultation obligations as the outgoing employer.

Transferred employees keep their existing contractual terms at the point of transfer; changes are only made where TUPE permits (for example for an economic, technical, or organisational reason entailing changes in the workforce), and never simply because a transfer has occurred.

Any worker affected by an actual or prospective TUPE transfer involving RD1 can raise questions via accounts@rd1.co.uk.

The Directors are responsible for ensuring TUPE obligations are identified and met on every relevant contract mobilisation or exit, taking specific advice on a contract-by-contract basis where the position is unclear.