What are the obligations of a contracting authority with regard to making TUPE information available at tender stage to prospective tenderers, particularly where the incumbent's contract does not provide for the release of such information? What actions should be taken by the contracting authority in such circumstances?

Posted in : First Tuesday Q&A ROI on 2 October 2012
Barry Walsh
McDowell Purcell
Issues covered:

It is worth remembering that “TUPE” (the Transfer of Undertakings Regulations) does not automatically apply in Ireland in every change of service provider situation. This is different to the UK where it is more likely to apply in such cases. In Ireland, TUPE will only apply in those specific situations where there is also a transfer of a business rather than just a mere change of contractor. However, for the sake of answering the question here, let’s make the working assumption that it does apply in the situation described.

It is noted that the incumbent's contract does not provide for the release of such information. However, it is likely that there would be an implied contractual

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Back to Q&A's This article is correct at 03/09/2015

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Barry Walsh
McDowell Purcell

The main content of this article was provided by Barry Walsh. Contact telephone number is +353 1 828 0600 or email bwalsh@mcdowellpurcell.ie

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