TUPE Update - July 2016Posted in : TUPE Updates on 25 July 2016
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
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