In relation to service provision changes under TUPE, how is ‘principal purpose’ of an employee determined? Is it a percentage of time spent on a job or a client’s account etc?Posted in : First Tuesday Q&A NI on 2 November 2010
Service provision changes are governed by the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (the “Regulations”). In order to fall within these Regulations:
“immediately before the service provision change:
(i) There is an organised grouping of employees situated in Northern Ireland which has as its principal purpose the carrying out of the activities concerned on behalf of the client;
(ii) The client intends that the activities will, following the service provision change, be carried out by the transferee other than in connection with a single specific event or task of short-term duration…”
The Department of Business Innovation and Skills (BIS)
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Back to Q&A's This article is correct at 02/09/2015
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