Interesting thread!
But please let us all remember, that individual opinions, are, just that opinions! There really is no need to get irate, however we must all remember that strong and forceful debate is one of the few ways to change the status quo!
Regarding TUPE, whatever the size of contract, this legislation has the potential to massively affect the financial wellbeing of any company, if you are not big enough to have a professional HR derpartment/person, please contract this aspect out to one of the many companies that deal with employment matters. Ensure that any company will imdenify you against any losses, either through an insurance or guaranteed payment against any claim. This will of course, increase your costs (welcome to the real world of doing business!). Do not rely on forums, web research or a quick phone call to ACAS, any information gleaned this way, will not be specific or legally bullet proof!
When submitting a quotation, you should ensure that a sentence or paragraph is inserted that states, that the price quoted does not take into account TUPE legislation, and that the cost may have to be adjusted to take the legislation into account.
Any current contrtactor, does not have to furnish any information to the incoming contractor until the client has awarded the contract to the new company. As stated earler in this thread, the outgoing contractor has a legal obligation to supply all relevant information. You should be aware, that once the transfer takes place, you as the incoming contractor, bear all responsibility for any outstanding issues that may exist/or have existed between the out going contractor and their "old" employee, not just, holiday, sickness pay etc.etc.l
Regarding advertising, all advertising must be honest and not mis-leading cml's, words should be adhered to.
Regards,
Rob