Executive Group Holdings Limited is a medium sized Northern business supplying a wide range of services to other businesses. They provide security, concierge and cleaning services to shops and commercial properties. Their success over the past few years has meant rapid expansion, an increase in the number of contracts that they are winning and an increase in the number of employees.
Rapid expansion has meant that the business is responsible for an increasing number of employees on different terms and conditions as TUPE applies to virtually every contract that the business wins. Due to their success, the business plans to make many more contract bids which would lead to many more transfers and the recognised the need for legal support to minimise exposure to risk. With tight margins on new contracts awarded, the operation of the contract has to be as labour efficient as possible, therefore, variations of shift patterns and contracts need to take place upon the award of new business. Contractual variations and redundancy situations are therefore commonplace.
We quickly identified the procedures that needed to be in place prior to a TUPE transfer taking place and were there to offer immediate advice on ongoing transfers and to handle redundancy and dismissal situations. We also identified where changes could be made to shift patterns and working conditions and implemented them. We successfully achieved the withdrawal of two Employment Tribunal claims against the business for zero payment of compensation.
The business now runs all TUPE, redundancy and disciplinary matters past us before taking action. The business will not bid for new business unless they can be sure of the liabilities and the profitability of the business that they are bidding for and a plan is put in place to alter shift patterns or make redundancies prior to the bid. The business now has a firm of solicitors acting for them which makes taking decisions a great deal easier and they can now proceed to expand the business with confidence.