TUPE
At Kura, career progression and development are fundamental to our vision of being unrivalled in developing people, as we believe in nurturing talent and providing continuous growth opportunities. By investing in our employees' professional journeys, we ensure they reach their full potential, driving both personal and organisational success. Here’s
Case Study
TUPE
Managing a TUPE transfer can be a complex and challenging endeavour for employers. TUPE regulations are designed to protect the rights of employees when a business or service is transferred from one employer to another. As an outsourcer, Kura is well-versed in the understanding and importance of a smooth and legally compliant transfer process. This case study delves into the importance of the pre-transfer period, and the steps Kura undertook when managing the transition and exit of an in-house trade union. These steps ensured a seamless transition while safeguarding the rights and interests of all parties involved.
BACKGROUND
Kura is a global independent outsourcing company with offices in Glasgow, Sunderland, and Durban. At the end of April 2024, the contract between Kura and the in-house trade union ended. This meant that all our employees who provided services to the in-house trade union would TUPE transfer to the in-house trade union. TUPE ensures that employee pay and conditions are protected after transfer. This required a period of consultation with elected employee representatives. Our benchmark was to minimise disruption for all employees. Despite the unsettling time for the employees, a clear line of communication and consultation assisted in the maintenance of exceptional KPI delivery within the operation.
METHODOLOGY
This process is legally governed by the Transfer of Undertakings (Protection of Employment) Regulations 2006. The regulations provide protection for employees when a business, or part of a business, changes the controlling party or when a business participates in an outsourcing or insourcing scenario.
As the transferor, Kura methodically planned the pre-transfer period to ensure a successful transfer. We assessed and allocated realistic timescales, scrutinised proposals, advised on TUPE compliance, and assessed the potential effects of staffing and workforce issues. This also involved calculating expenditures relating to the transfer and the total potential employment liabilities.
We recognise that most employees were not familiar with TUPE. Therefore, providing transparent
information helped the integration process. We communicated that the in-house trade union reviewed their strategy for their Member Relations Directorate and decided that this service is best provided in- house. Due to the volume of staff impacted, Employee Representatives were elected and consulted.
Meeting our legal obligations under TUPE is undoubtedly important. However, taking a more purposive perspective, engaging in meaningful consultation around a TUPE process offered many benefits.
At an unsettling and disruptive time, it can help to bring employees on board and engage in the opportunities that the transfer creates.
There were five critical steps we followed:
- Inform and consult
- Due diligence
- Communication
- Mitigate disruption
- Employee experience
We conducted thorough due diligence to understand any potential impact. We identified employee rights, contractual obligations, and any liabilities which may be caused by the transfer. We analysed the contractual terms and provided details 28 days before the transfer. With regard to challenges, the transfer date was extended. Our consultations were underway, and therefore, the most effective means of addressing this was with our Employee Representatives. The extension was due to the client looking to make sure everything was in place for a smooth transition. We recognised that people do not appreciate being left in the dark.
Kura understands that when two workforces are merged, many challenges and emotions can start to surface. Some will be looking forward to the change and see it as an exciting opportunity, while others may feel anxious, resentful, or even angry. However, when managed effectively, with a solid communication strategy, any doubts or frustrations can be resolved.
From the outset, we asked a lot of questions. We understood it can take a long time for work cultures to align. For those transferring out, we discovered as much as we could about the culture. This information is needed to create the ultimate integration strategy. For example, we asked the in- house trade union to join our latter consultation meetings. We also set up a drop-in session with the in-house trade union to discuss any organisational changes. Through this collaborative approach, we assessed what parts of the culture are valued the most and established the main differences between the companies. Once aligned, we determined as many contrasting conditions as possible so we could address them during the consultation period. Therefore, once the transfer took place, we had the buy-in from all involved. Despite the unsettling time for the employees this clear line of communication and consultation assisted in the maintenance of exceptional KPI delivery within the operation.
In terms of key data points, operational absence was below plan at 4.3% and only four leavers during the TUPE process. 76 employees successfully TUPED in-house to the in-house trade union on 1st May 2024.
Managing a TUPE transfer can be a complex and challenging endeavour for employers. TUPE regulations are designed to protect the rights of employees when a business or service is transferred from one employer to another. As an outsourcer, Kura is well-versed in the understanding and importance of a smooth and legally compliant transfer process. This case study delves into the importance of the pre-transfer period, and the steps Kura undertook when managing the transition and exit of an in-house trade union. These steps ensured a seamless transition while safeguarding the rights and interests of all parties involved.
BACKGROUND
Kura is a global independent outsourcing company with offices in Glasgow, Sunderland, and Durban. At the end of April 2024, the contract between Kura and the in-house trade union ended. This meant that all our employees who provided services to the in-house trade union would TUPE transfer to the in-house trade union. TUPE ensures that employee pay and conditions are protected after transfer. This required a period of consultation with elected employee representatives. Our benchmark was to minimise disruption for all employees. Despite the unsettling time for the employees, a clear line of communication and consultation assisted in the maintenance of exceptional KPI delivery within the operation.
METHODOLOGY
This process is legally governed by the Transfer of Undertakings (Protection of Employment) Regulations 2006. The regulations provide protection for employees when a business, or part of a business, changes the controlling party or when a business participates in an outsourcing or insourcing scenario.
As the transferor, Kura methodically planned the pre-transfer period to ensure a successful transfer. We assessed and allocated realistic timescales, scrutinised proposals, advised on TUPE compliance, and assessed the potential effects of staffing and workforce issues. This also involved calculating expenditures relating to the transfer and the total potential employment liabilities.
We recognise that most employees were not familiar with TUPE. Therefore, providing transparent
information helped the integration process. We communicated that the in-house trade union reviewed their strategy for their Member Relations Directorate and decided that this service is best provided in- house. Due to the volume of staff impacted, Employee Representatives were elected and consulted.
Meeting our legal obligations under TUPE is undoubtedly important. However, taking a more purposive perspective, engaging in meaningful consultation around a TUPE process offered many benefits.
At an unsettling and disruptive time, it can help to bring employees on board and engage in the opportunities that the transfer creates.
There were five critical steps we followed:
- Inform and consult
- Due diligence
- Communication
- Mitigate disruption
- Employee experience
We conducted thorough due diligence to understand any potential impact. We identified employee rights, contractual obligations, and any liabilities which may be caused by the transfer. We analysed the contractual terms and provided details 28 days before the transfer. With regard to challenges, the transfer date was extended. Our consultations were underway, and therefore, the most effective means of addressing this was with our Employee Representatives. The extension was due to the client looking to make sure everything was in place for a smooth transition. We recognised that people do not appreciate being left in the dark.
Kura understands that when two workforces are merged, many challenges and emotions can start to surface. Some will be looking forward to the change and see it as an exciting opportunity, while others may feel anxious, resentful, or even angry. However, when managed effectively, with a solid communication strategy, any doubts or frustrations can be resolved.
From the outset, we asked a lot of questions. We understood it can take a long time for work cultures to align. For those transferring out, we discovered as much as we could about the culture. This information is needed to create the ultimate integration strategy. For example, we asked the in- house trade union to join our latter consultation meetings. We also set up a drop-in session with the in-house trade union to discuss any organisational changes. Through this collaborative approach, we assessed what parts of the culture are valued the most and established the main differences between the companies. Once aligned, we determined as many contrasting conditions as possible so we could address them during the consultation period. Therefore, once the transfer took place, we had the buy-in from all involved. Despite the unsettling time for the employees this clear line of communication and consultation assisted in the maintenance of exceptional KPI delivery within the operation.
In terms of key data points, operational absence was below plan at 4.3% and only four leavers during the TUPE process. 76 employees successfully TUPED in-house to the in-house trade union on 1st May 2024.
Ready to transform your customer service?
Solutions
Tailored, 360°, customer service solutions for every industry. Transformation where it matters.
Find out moreInsights
As an industry leader, we are at the forefront of innovation, growth and development.
Find out moreAbout Us
We are one of the UK's largest independent outsourcer, with 2,000+ people across UK and South Africa
Find out more