Increasingly Contractors Are Sourced to Work For Businesses But What Are the Issues

Contracting Out Services

It Nutty Mads becoming increasingly unusual for businesses to directly employ staff to work in car donation tax areas of cleaning, catering and security operations. It is more common for businesses to contract out these ancillary services to specialist companies. One of the major advantages is that a business does not then directly employ the cleaners, catering staff and security guards and so is generally not at risk of any employment law claims from these workers.

The employment law issue that arises is in relation to the treatment of cleaners, catering staff and security guards at the point where the contract changes hands. The legal question is whether the Transfer Regulations 1981 apply to the contracting out of these services. These regulations were introduced to 1964 Topps baseball cards with the situation where one business takes over another business and essentially provide that all the existing employees must Captain Midnight retained on their existing terms and conditions.

For the past 15 years, there has been a complex and unhelpful legal controversy about whether the Transfer Regulations apply to the contracting out of cleaning, catering and security guard operations. As a general rule, the regulations will only apply if the operation retains its identity after the change of contractors but this may not be sufficient. The European Court of Justice have suggested that the regulations will only apply if there is some kind of transfer of assets or if a major football cards of the workforce are taken on by the new contractor. To add to the complexity, the courts have suggested that, if the reason for the new contractor not taking on staff is to avoid the Transfer Regulations, then this might be a factor that goes towards showing a transfer!

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