So why does the law make it so hard?
The law seeks to protect employees who might otherwise lose their job because the work they perform is being outsourced. The law does this by requiring that their employment ‘transfers’ over to the new contractor. Further, the law requires that they ‘transfer’ on their existing terms and conditions. The law also requires that both the outsourcing company inform and/or consult the employees about what is going on, otherwise the employees are entitled to make claims to the Employment Tribunal for up to 13 weeks gross pay each.
The law does this despite the fact that one of the reasons for outsourcing is to save cost and to find another way of doing the service better or more efficiently. The law also ignores the fact that the new contractor will want to have a newly organised workforce ready and mobilised to undertake the services on day one after the transfer, where it cannot be certain that one of the transferring employees won’t object and refuse to transfer.
Fortunately, there are ways of sorting this out, but they take careful planning. Our lawyers are experienced in this sort of deal and work very hard to make outsourcing as simple an exercise as possible. We are here to help you and we offer fixed fees. We have set out what is likely to be involved below, to give you an idea of what you would be getting into. Give us a call on 020 8968 9835 or e-mail us to find out more.
Whatever project you are planning, whether it be a redundancy exercise, a variation of existing terms and conditions of employment, an outsourcing exercise or the creation of a staff body, or our extensive experience can help you.
We use it to advise you on all the options open to you. Even the ones that you haven’t thought of.
We use it to highlight the common employee issues which arise and to propose solutions which have been tried and tested in the past or which would be better suited in the circumstances.
We use it to create efficient roll-out programmes with pre-prepared scripts to help you along in the process. We don’t want to just guide you, we want to make the process as easy as possible to complete.
We understand that it’s one thing to advise you personally, but it’s another thing entirely to help you to explain things to other directors, partners or managers. And another thing again to explain it to employees.
That’s why we offer diagrams which set out the process.
This also adds clarity to our advice which is something we always strive for.
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For more information the following lawyers will be able to help with Outsourcing Projects.