Offshoring meaning

This Practice Note considers the geographical reach of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006), and how TUPE 2006 operates on transnational (cross-border) transfers, for example in the context of offshoring or nearshoring outsourcing arrangements. For wider guidance on international outsourcing, see Practice Note: International outsourcing. EU-derived rules, including substantial elements of TUPE 2006 introduced to fulfil the UK’s obligations under EU law (such as the duty to implement Directive 2001/23/EC, the Acquired Rights Directive (ARD)), that applied in the UK at the end of the Brexit transition period/IP completion day remain in force within the domestic legal order as assimilated law. For more detail, see Practice Note: Assimilated law. Initial considerations Where a dispute or claim concerns an employee working entirely or partly overseas and/or employed by a non-UK employer, two core questions must be answered: what rights does the employee have? in which forum should any subsequent litigation be decided? ...

Before commencing any outsourcing, you will need to navigate a demanding compliance pathway shaped by: SRA requirements data protection requirements other legislation, eg Equality Act 2010 general risk management best practice We have distilled this in our Outsourcing compliance lifecycle diagram. This Practice Note offers high-level guidance on four core compliance phases, broken into 12 practical stages aligned to our Outsourcing compliance lifecycle diagram: pre-contract (stages 1–6) negotiating and executing the contract (stages 7–9) post-contract record keeping (stage 10) post-contract quality checking and auditing (stages 11–12) Regulatory requirements For sector-specific regulatory guidance, see Practice Note: Outsourcing and offshoring—law firms. For data protection guidance, see Practice Note: Outsourcing and data protection. For general risk management best practice, see the following Practice Notes: Due diligence in outsourcing Limitation of liability in outsourcing Outsourcing remedies—step-in rights, service credits, liquidated damages and termination Pre-contract compliance checks: stages...

TUPE—key points The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) have applied since 6 April 2006. They give effect to Directive 2001/23/EC, the Acquired Rights Directive (ARD). As a result, courts and employment tribunals must interpret TUPE purposively so that the Directive’s aim—protecting employees when a business transfers—is fulfilled. EU-derived measures, including much of TUPE that implement the UK’s obligations under EU law (such as implementing the ARD), continue to operate within the UK’s domestic legal order as assimilated law. For further information, see Practice Note: Assimilated law. TUPE has a broad reach. TUPE can bite when a client acquires something that comes with staff attached—whether it appears to be an asset or an activity rather than a whole business—so that those workers’ rights are safeguarded. For instance, purchasing a shopping centre will typically involve cleaners, security personnel or caretakers whose employment may transfer to the purchaser along with the property. Similarly, where a client assumes responsibility for delivering a service, the employees...