On 29 January 2021, the Kemp Little team joined Deloitte Legal. Click here to view the press release.

As of 30 January 2021, Kemp Little LLP ceased to operate as a firm of solicitors and practice law and ceased to be regulated and authorised by the Solicitors Regulation Authority.

Kemp Little LLP has been re-named KL Heritage LLP.

If you are looking to contact a specific individual to seek legal advice or in respect of any other business relationship, please contact Deloitte Legal.

If you are seeking to contact the old Kemp Little LLP in relation to a previous business relationship or matter, please get in touch with KL Heritage LLP.

For enquiries relating to Kemp Little technology products and training portal, please email deloittelegal@deloitte.co.uk

 


 

Kemp Little is a trade name used under licence by KL Heritage LLP (formerly Kemp Little LLP, registered number OC300242 and VAT number 182 8854 65).

On 29 January 2021, the Kemp Little team joined Deloitte Legal.  As of 30 January 2021, Kemp Little ceased to operate as a firm of solicitors and practice law. From this date Kemp Little ceased to be authorised and regulated by the Solicitors Regulation Authority and is being re-named KL Heritage LLP.

All references to Kemp Little herein are references to KL Heritage LLP, which used to carry on business in that name.

KL Heritage LLP is not connected to or associated with Deloitte Legal or Deloitte LLP in any capacity.

 

Kemp Little
  • Looking for someone?
  • Email us
  • Search
MENU MENU
Insights overview

Employment · 19 October 2017 · Kathryn Dooks · Amy Douthwaite

Offshoring and TUPE – what happens to the staff?

In a rare case regarding the applicability of TUPE to offshoring, the Employment Appeal Tribunal has provided some welcome confirmation. The case In the case… Read more

more content below

In a rare case regarding the applicability of TUPE to offshoring, the Employment Appeal Tribunal has provided some welcome confirmation.

The case

In the case of Xerox Business Services Philippines v ZEB, the Claimant was employed by Xerox in the accountancy department in Wakefield.  The work of the accountancy department was offshored to Xerox in Manila (a separate legal entity). It was accepted that TUPE applied to this transfer.

The Claimant wanted to transfer to Xerox Philippines on his current terms and conditions, save that his place of work would be Manila (allowing him to move to the Philippines on his UK terms and conditions, including his current salary). This was refused (this would of course reduce the cost saving in moving the services to the Philippines), and he was ultimately dismissed by Xerox Philippines by reason of redundancy. He brought a claim for unfair dismissal.

At first instance the Employment Tribunal found that there had been a variation to the employee’s place of work in his contract and so he was entitled to work in the Philippines on his UK terms and conditions and that redundancy was not the real reason for dismissal. The real reason he was dismissed was because he wanted to remain on his current terms and conditions, pursuant to the TUPE transfer.

On appeal the EAT found that there had been no variation of the employee’s place of work. When the employee transferred under TUPE to Xerox Philippines it was on his current terms, including his place of work in Leeds or Wakefield – not Manila.

The EAT also found that there was a genuine redundancy situation. Xerox Philippines did not require accountancy staff in Leeds or Wakefield and consequently the requirement for employees to carry out work of a particular kind in the place where the employee was employed had ceased.

The case was remitted back to the ET to consider the reason for the dismissal, and therefore the fairness of the dismissal.

What does this mean?

There are very few cases on TUPE transfers in the offshoring context and this case provides welcome clarification of what has long been expected. Namely that TUPE can apply to an offshoring but that, when it does, employees transfer on their same terms and conditions including their place of work.  It is then for the transferee to make them redundant as they are not needed in their current location.  Whilst it does not mean that employers do not have to consider relocating employees and consulting with them in the offshoring scenario, it does suggest that it is unlikely that that employers would be required to allow employees to relocate abroad whilst retaining UK terms that are much more beneficial than the local terms.

  • Share this blog

  • Twitter
  • Facebook
  • Linkedin

Need to talk about this?

Kathryn DooksKathryn Dooks

Amy DouthwaiteAmy Douthwaite

Get in touch

Sign up for our newsletters

  • Share this Blog

  • Twitter
  • Facebook
  • Linkedin

Other stuff you might like

  1. Webinar | Engaging contractors: your new obligations under the Off Payroll Working Rules
  2. Webinar | People and Pandemic: A U-turn on returning to work and the new Job Support Scheme
  3. UK Government publish further details on the points-based immigration system
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • EBA outsourcing
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • KLick Trade Mark
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
close
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • EBA outsourcing
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • KLick Trade Mark
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
Kemp Little

Lawyers
and thought leaders who are passionate about technology

Expand footer

Kemp Little

138 Cheapside
City of London
EC2V 6BJ

020 7600 8080

hello@kemplittle.com

Services

  • Commercial technology
  • Consulting
  • Disputes
  • Intellectual property
  • Employment
  • Immigration

 

  • Sourcing
  • Corporate
  • Data protection & privacy
  • Financial regulation
  • Private equity & venture capital
  • Tax

Sitemap

  • Our people
  • Insights
  • Events
  • About us
  • Contact us
  • Cookies
  • Privacy
  • Terms of use
  • Complaints
  • Debt recovery charges

Follow us

  • Twitter
  • LinkedIn
  • FlightDeck
  • Sign up for our newsletters

Kemp Little LLP is a limited liability partnership registered in England and Wales (registered number OC300242) and is authorised and regulated by the Solicitors Regulation Authority. Its registered office is 138 Cheapside, London EC2V 6BJ. The SRA Standards and Regulations can be accessed by clicking here.

  • Cyber Essentials logo
  • LORCA logo
  • ABTA Partner+ logo
  • Make Your Ask logo
  • FT Innovative Lawyers 2019 winners logo
  • Law Society Excellence Awards shortlisted
  • Legal Business Awards = highly commended
  • Home
  • Our people
  • Services
    • Business restructuring and reorganisation
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Digital content & reputation risk
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
    • Travel
  • Resources
  • Insights
  • Covid 19: Your Business Continuity
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn
close
close
close

Send us a message

Fill in your details and we'll be in touch soon

[contact-form-7 id="4941" title="General contact form"]
close

Sign up for our newsletter

I would like to receive updates and related news from Kemp Little *

Please select below any publications that you would like to receive:

Newsletters

close

Register for future event information

[contact-form-7 id="4943" title="Subscribe to future events"]
close
close
Generic filters
Exact matches only

Can't remember their name? View everyone

  • Home
  • Our people
  • Services
    • Business restructuring and reorganisation
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Digital content & reputation risk
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
    • Travel
  • Resources
  • Insights
  • Covid 19: Your Business Continuity
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn