(Yesterday, 6:53 am)cr51xln wrote Whilst TUPE may appear to apply, it is my opinion that the new operator is operating the contract under the "short term task" exemption, which protects them from having to take on new staff, their owed wages and contractual agreements for such a short contract. However, in lieu of anything like that being confirmed by either operator, the staff have no option but to pursue action as litigants in person and seek a tribunal judgement, which may be years away.
I'll just quote this last bit of an otherwise informative post, as I'm of the same opinion. I do not believe that TUPE will apply in this instance, for the same exemption that you quote.
That's a personal opinion, but based on my professional experience as a TU organiser.
For me it's clear that this is a time-defined and short-term emergency contract, and for the purpose of retaining service continuity, whilst Nexus conclude a new tender process for it.
Of course, if there's a dispute, it comes down to an Employment Tribunal to decide, but you're really going to need a legal opinion before going down that route. Guess that's where trade union membership is worth its weight in gold.