You may not have heard of TUPE before or may not have had any need to look any further into the process, but if you have discovered the term in a tender, we are here to help you understand how TUPE fits into the procurement world.
What Does TUPE Stand For?
TUPE is an acronym for Transfer of Undertakings (Protection of Employment) Regulations and related to 2006 Employment Legislation of the same name.
The Legislation protects employees’ rights when a business or part of a business, e.g. a contract, is transferred to a new employer.
How does TUPE relate to the tender process.
You may come across a TUPE requirement as part of a tender process. This is usually because there are current contracts in place with suppliers that are due to expire and although those suppliers may tender for the new contract, they are not guaranteed to be successful.
By introducing the possibility of TUPE at tender stage, commissioners are forward planning for such an occurrence, enabling all bidders the earliest opportunity to plan for TUPE should this arise.
Of course, TUPE does not necessarily feature in every tender. If the tender is for a new service for example, there will be no TUPE requirements, as there are no existing suppliers in place. It could be that it is likely services will naturally end at contract expiry, for example when short-term support services would have all concluded by contract expiry, and therefore, TUPE is unlikely to feature.
What Social Care Providers Need to Do About TUPE?
If you intend to compete for a tender that may require TUPE, it is important that you understand what this means, as it is likely that the commissioner will seek assurance through the procurement process that bidders can meet TUPE requirements, should this arise.
There is no guarantee that existing staff will TUPE across to you, so make sure you have other measures in place for how you will mobilise the correct size and skill of workforce required to commence services by the contract start date.
TUPE involves specific employment legislation that you will be required to follow, so one of the first things to do is to ensure that you will be able to meet these requirements. You may also want to seek specialist HR advice and guidance to ensure you comply with the law. ACAS offers further information and guidance on their website here What a TUPE transfer is – TUPE – ACAS
Handling Confidential TUPE Information During Tendering
As TUPE involves the employees of existing suppliers, there is a need for the commissioner to balance the release of information to enable prospective employers to plan and GDPR and confidentiality requirements.
Therefore, as part of the tender process, you may be required to sign a confidentiality agreement to receive this information. If this is the case, ensure you sign this at the earliest opportunity so that you can receive the information in plenty of time before the deadline.
Creating a TUPE Mobilisation Plan
If TUPE is a possibility as part of the new contract, you will need to create a plan. It is likely the commissioner will want details of that plan as part of the tender response, but from a strategic and operational perspective, you will need a solid implementation plan in place should you be successful and TUPE be necessary at contract award.
As TUPE can be far-reaching, with considerations such as existing staffing, future recruitment needs, resources, finances and the requirements of the TUPE process itself, we initially advise that you establish a plan at Board level, involving the required departments and to seek specialist HR/legal support where required.
How Insequa Supports Social Care Providers with TUPE-Related Tenders
Whilst we are unable to provide specialist HR/legal support, we can help you navigate the tender process and understand the requirements to ensure you do not fall short in showing commissioners you are well placed to deliver the contract.
Once you are confident with your TUPE plans, our expert Bid Managers can support you to articulate these within you tender response, ensuring that the plans meet the specification requirements and that the key information is conveyed to commissioners. We can also help you to incorporate your TUPE plan into a wider mobilisation plan, assuring commissioners that you will have everything in place in time for contract award.
Need Support with TUPE in Your Tender?
Let’s talk. Book a free discovery call with our team today – we’ll help you tackle TUPE and strengthen your bid for success.
