Q&As

A client replaces its cleaning services provider with a self-employed worker. Is there a service provision change under TTUPE 2006 and, if so, does the transferring employee (previously employed by the first cleaning services provider) transfer to the self-employed worker or the client?

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Published on LexisPSL on 14/02/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • A client replaces its cleaning services provider with a self-employed worker. Is there a service provision change under TTUPE 2006 and, if so, does the transferring employee (previously employed by the first cleaning services provider) transfer to the self-employed worker or the client?

A relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 may be:

  1. a business transfer, or

  2. a service provision change

Consideration should be given to the definition of ‘relevant transfer’ in TUPE 2006, SI 2006/246, reg 2(1):

‘A “Relevant transfer” means a transfer or a service provision change to which these Regulations apply in accordance with regulation 3 and “transferor” and “transferee” shall be construed accordingly and in the case of a service provision change falling within regulation 3(1)(b), “the transferor” means the person who carried out the activities prior to the service provision change and “the transferee” means the person who carries out the activities as a result of the service provision change.’

While the definition of a ‘person’ in Schedule 1 to the Interpretation Act 1978 specifically includes ‘a body of persons corporate or unincorporated’, there is nothing to suggest that a ‘person’

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