New practice note: using the NEC4 Facilities Management Contract (FMC) for TUPE clauses
News
- Facilities,
- Workplace
05 April 2023
To further support our members and the FM sector in using the NEC4 Facilities Management Contract (FMC), IWFM and NEC have published a fourth practice note on ‘Considering the necessary employment protection clauses in the NEC4 Facilities Management Contract (FMC) – the adoption of TUPE’ which is available now on the NEC website.
IWFM members receive special discounted rates for the NEC4 Facilities Management Contract (FMC) suite and related NEC training course; keep reading to find out more.
In the United Kingdom, employment rights of staff and operatives employed by a client or service provider are protected by legislation, and impact on any following contract in that those staff and operatives may have the right to be transferred to the new service provider to continue their employment and retain their employment rights.
The UK legislation is known as the Transfer of Undertakings (Protection of Employment) Regulations 2006, or TUPE. These rights can have a significant impact on the commercial considerations of any prospective service provider; therefore, the contract needs to be clear about where the risks and liabilities lie.
This practice note – co-authored by Andy Candelent, member of IWFM NEC Steering Group and Chair of IWFM International SIG - provides guidance to a client and service provider on the issues to be considered and how employment protection clauses can be incorporated into the NEC4 FMC. Please note: it does not attempt to draft TUPE clauses for inclusion in a contract as such clauses require very careful attention, and a client and service provider is likely to obtain their own legal advice.
The guidance is also applicable to legislated employment protection clauses in other countries.
Up to 15% discount for IWFM members
We have secured special discounted rates for our members:
- 15% off the NEC4 Facilities Management Contract (FMC) suite
- 10% off the NEC4 Introduction to FM one day training course. A complimentary copy of the contract is included with the public course. Different arrangements apply for in-house delivery.
To claim your discount code, please get in touch with our Member and Customer Engagement team at [email protected] or call +44 (0) 1279 712 650. You can then add the code at the checkout when booking.
Other NEC4 FMC practice notes