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
Arthur Cox
Arthur Cox
Issues covered:

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)

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email

View all articles by Arthur Cox