Jennifer Cashman has more than 20 years’ specialist experience advising a wide range of employers across a number of sectors. Recognised as a Leading Individual in Irish Employment Law in the 2023 edition of The Legal 500 Europe and is also recommended as a Leading Lawyer (Band 1) in Chambers Europe. Recognised thought-leader on various employment law and HR issues, in particular retirement ages and age discrimination. Clients praise Jennifer for her “practical, business-focused advice” and say “she gives "straight answers to straight questions… clearly very experienced and her delivery is fantastic - always clear and to the point."
We currently hold a contract from our client to provide certain services. We have been advised that, arising out of a recent tendering process, we have lost this contract and the contract will transfer to a new service provider. We have a number of employees assigned to work on this contract and we are concerned about the impact on these employees of the loss of this contract. Are there TUPE implications? How do I handle it?
Jennifer Cashman writes:
The situation you describe with regard to loss of this contract is what is referred to as “second generation outsourcing”. In other words, the Principal, who is currently your client, has outsourced this work to your company and now intends to
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