| Commentary

234 Relevant transfers

| Commentary

234 Relevant transfers

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (the TUPE Regulations) only apply to relevant transfers. Subject to certain qualifying conditions, a relevant transfer occurs when a business or undertaking, or part of one, is transferred to a new employer, or when a service provision change takes place1. These two categories are not mutually exclusive. Generally, a service provision change takes place in three situations:

  1. 234.1

        where a client decides to outsource services instead of providing them in-house2;

  2. 234.2

        where outside contractors who are providing outsourced services are replaced by other outside contractors3; and

  3. 234.3

        when

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