TUPE Update - July 2016

Posted in : TUPE Updates on 25 July 2016
Dr John McMullen
Spencer West LLP
Issues covered:

In Aguebor v PCL Whitehall Security Group the EAT helpfully discusses the interplay between the concept of a business transfer under reg 3(1)(a) of TUPE and a service provision change under reg 3(1)(b) of TUPE and reg 3 of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006. 

The two concepts are not mutually exclusive.  On outsourcing or tendering for services there can be both a business transfer (although this is more difficult to establish in practice) and a service provision change.  So if, for technical reasons a service provision change does not apply, it remains open to be argued that the business transferor rules apply, and

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This article is correct at 25/07/2016

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.

Dr John McMullen
Spencer West LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email drjohn.mcmullen@spencer-west.com

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