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Workplace Law publishes legal update on FM outsourcing

Workplace Law, the employee relations division of International Workplace, has issued a white paper on the employment law aspects of outsourcing in the facilities management sector.

The white paper – Joint employer status: implications for outsourcing in the FM sector – is the first in a series of publications focusing on employee relations, published by Workplace Law in association with the International Facility Management Association (IFMA) UK chapter.

Written by Tar Tumber, Director, Employee Relations at Workplace Law, the white paper looks at the key issues employers need to be aware of, including TUPE, commercial obligations, and perhaps most importantly, the contractual relationship that exists between an organisation and its workers.

This week saw the High Court reject a case that outsourced workers should be entitled to negotiate over pay rates and job terms with both their employer and the employer’s client.

The case concerns security guards, post room staff and porters employed on contract between the University of London and Cordant Services, with the IWGB union making the case for the university being seen as their ‘de facto employer’.

Commenting on the case, Tumber said: “This is unlikely to be the last word on the matter as the IWGB are likely to take this case further and are also behind other similar cases involving other organisations. This makes it of great interest to any facilities management service providers or contractors who provide outsourced staff to their clients.”

To download the white paper, click here.

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