Rank: Guest 
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Hi all - just finished work and been left in a bit of a whirl. My company informed all staff that the catering facility is being outsourced soon. It comprises 3 meals a day, 7 days a week plus numerous events where catering is a prerequisite.
Once outsourced the existing staff will transfer via TUPE rules so on the outside nothing will seem to look any different. Except of course the staff will be working for a different firm and this firm will have health and safety responsibilities and duty of care for the staff.
But what are the responsibilities for my firm and what should I be advising my senior management team? Of course the new firm will be using existing facilities, which I presume my firm will be responsible for unless otherwise stated in the contract.
Thanks in advance for all helpful instructions, information etc.
Rich
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Rank: Super forum user 
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Rich, the duty holder is the employer, which has now been transferred via TUPE. Your organisation will still have some liability for the staff as per HSWA s3. There is also civil law 'duty of care' and the Occupiers Liability Act to consider, however these are axiomatic and generally less onerous than criminal law liability. So, the bottom line is that the new employer and your organisation could be held singularly or jointly responsible for the health and safety of individuals. In the first instance I would advise that both organisations should agree what their responsibilities are, how these will be managed and reviewed going forward.
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Rank: Super forum user 
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Rich
you answer your own question. Responsibilities will be written into the contract.
As you say the new company will take responsibility for HS of its employees and food safety side of things. You may or may not have responsibilities for the equipment and maintenance of that part of the premises, this depends on the contract conditions.
I guess the contract is already agreed. So I suggest that you make a checklist and compare it against the contract to identify any gaps. ie
Fire Safety
Fire Equipment Services
Window Cleaning
Heating, boilers etc
Cleaning
Security
Conditions of use any restrictions
Asbestos
Gas services
etc, etc
Steve
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Rank: Super forum user
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Ray you sneaked in before me but agree with your post
Steve
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Rank: Super forum user
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Steve, being a consultant teaches you to seize an opportunity. :)
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Rank: Guest
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Thanks Steve and Ray for prompt reply. I haven't seen the contract yet hence my post so when I do I know what I'm looking for.
Rich
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Rank: Super forum user
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This can be a very 'political' area and complicated
NB: Most schools that I know of in the UK run a catering system that is very similar to your situation with an employer that is different to the controller & a maintenance company that is different to both the controller, the employer etc
In many cases staff moral is negatively affected as they see this as the thin end of the wedge re employment T&C's etc and U will probably be dealing with the new companies H&S adviser who will be dealing with staff that were yours and both the HSE and the EHO's are responsible for different parts of the same kitchen
Best of luck
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Rank: Super forum user
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Rich
I would also recommend that you have a look at Regulation 11 Co-operation and co-ordination of the management of Health and Safety at work Regulations. This deals exclusively with a situation where two or more employers share a workplace. The ACOP has some good advice.
Brian
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