FGH Security Ltd. recognises and wholeheartedly complies with the requirements of the TUPE (Transfer of Undertaking Protection of Employment) Regulations.
We have a process in place, integrated within our recruitment, security screening, personnel management and training processes for ensuring that the requirements of TUPE are implemented promptly and effectively. This process is designed to ensure that no employee or prospective employee transferring into or out of our employment under TUPE is treated unfairly.
A number of special documents are used in the process which record the required information or which ask for the required information and which track (using a spreadsheet) the relevant parts of the process. Our policy generally is to provide all appropriate co-operation to all other parties involved in the TUPE process.
We do also, however recognise that TUPE may, in some cases, present insurmountable difficulty in terms of conflict between other employment legislation and the voluntary regulatory requirements (particularly the BS 7858 Security Screening standard) that we and the security industry in general are committed to i.e. there are certain requirements of BS 7858 that cannot be forced upon an Employee e.g. if satisfactorily employed by an existing employer under TUPE, BS 7858, NOT being a legal requirement cannot its entirety be implemented where the prospective employee refuses to provide part or all of the required personal background information to the new / prospective employer for, if arguing that he / she has already done so to his / her existing employer. This is a sensitive area and the Company does as much as we believe the law obliges it to do without prejudicing the rights of the employee.