Would TUPE apply to the outsourcing of the DA customer services function?
Consideration needs to be given as to whether the activity of customer services to be carried out by the contractor is fundamentally or essentially the same as the activity of customer services as carried out by DA. An overview assessment that each entity carries out a customer services function is insufficient to establish a service provision change. Instead, a more detailed consideration of the activities is required. Such a consideration of the activities will draw out the differences between the customer services as operated by DA and the way that customer services are to be provided by the contractor. These differences include the following: • following the outsourcing, queries are to be considered by persons without technical expertise; and • following the outsourcing, people providing customer support will not consider each individual query and respond to each on its own merits, but will instead try to locate and provide customers with a response previously given to a similar qu
