Is it okay for me to transfer all my employees when a contract is retendered? Employment Law for Employers
Transferring employees when a contract is retendered depends heavily on what the staff are doing and why.
This was seen in the Eddie Stobart case in which staff ‘happened’ to work on tasks for a particular contract. This was not considered enough to say they were an organised group who were assigned to the outgoing contract and to whom TUPE would apply.
If in doubt, seek legal advice from an expert employment lawyer.