The following Employment Q&A provides comprehensive and up to date legal information covering:
For information on demergers generally, see: Demergers—overview.
You may wish to consider:
whether the proposed demerger amounts to a (a) business transfer or (b) service provision change (SPC) under the Transfer of Undertakings (Protection of Employment Regulations) 2006 (TUPE 2006), SI 2006/246
if so, the effect of a relevant transfer under TUPE 2006, SI 2006/246 on employees of Company A (ie would the transfer have the effect of transferring those employees to Company B, which would depend on the nature of the transfer)
if the employee is unable to establish the desired right under TUPE 2006, SI 2006/246, whether it is possible for them to assert that they are in fact (and were pre-transfer) employed by Company B, despite, for example, having a contract of employment with Company A
A relevant transfer under TUPE 2006, SI 2006/246 may take the form of:
a business transfer
a service provision change
A business transfer under TUPE 2006, SI 2006/246 occurs where there is:
a transfer of an undertaking or business (or part of an undertaking or business)
situated immediately before the transfer in the UK
to another person
where there is a transfer
of an economic entity
and the economic entity retains its identity after the transfer
There are therefore three key elements:
an undertaking or business, or part of an undertaking or
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