The marketing industry has seen one of the first examples of the controversial TUPE employment measures in practice, following the shift of Cala Homes out of Redcell Scotland and into Manchester-based Clear Marketing.

Under the terms of TUPE – Transfer of Undertaking (Protection of Employment) – an agency may be required to take on the employees of a rival agency which it has successfully pitched against.

When Clear was appointed it is understood it was forced to take over the employment obligations of nine  Redcell staff – including a managing director. In effect this meant it either had to hire the staff or finance their redundancies.