Reading the recent article ‘Clarke confirms legal aid tender move’, I wonder whether the potential implications of Transfer of Undertakings (Protection of Employment) (TUPE) have been considered by Kenneth Clarke.

It is possible that if a small number of firms are successful there may be a case that the service provision change rule applies, with the Legal Services Commission being viewed as a client, in which case they would inherit employees from the ‘losers’.

This would of course be a matter for very detailed legal and evidential analysis but often the real problem is the confusion and uncertainty the regulations create in terms of whether employees are entitled to redundancy from the unsuccessful employer or to have their contracts continued with the new employer.

Another major problem with tenders and TUPE is that the successful applicant has normally pared overheads to the bone and has no spare resources to absorb unforeseen legal challenges or inherited employees. Given the scale of anticipated changes, and the numbers of employees involved, I would suggest that this be dealt with as a priority.

Gordon Turner, Gordon Turner Employment Lawyers, London EC2