Welcome to the conclusion of our two-part Spotlight post with Lee Harding in which we discuss key employment/labor and employment law issues in relation to UK and EU outsourcing transactions. In Part 1, we talked about key initial considerations and specific timescales involved.
Lee, welcome back. We understand that the issues you raised last week may affect both the supplier and customer—are there any key differences in what each business should consider?
Every outsourcing transaction is unique, but there are certain themes that will be especially important for each type of business, depending on whether it is the supplier or the contractor.
For the customer, a key consideration will often be ensuring that the outsourcing transaction can be managed smoothly in a way that does not create disruption or inconvenience for its business and does not, for example, affect its ability to provide products and services. There may be industry-specific considerations. For example, if the customer is a regulated financial services business, it might be necessary to make certain notifications to regulators or to ensure that additional planning is in place to protect consumers.
The customer will often want to ensure that the costs associated with the outsourcing transaction are kept to a minimum. There will sometimes be a tension here between the needs of the supplier and customer. For example, deciding that the automatic transfer principle does not apply in a certain country might...
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