The following Employment guidance note provides comprehensive and up to date legal information covering:
Relevant transfers under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) are:
business transfers—involving the transfer of an undertaking or business, or part of an undertaking or business situated immediately before the transfer in the United Kingdom to another person where there is a transfer of an economic entity that retains its identity following the transfer
service provision changes—involving a change in the provider of a service (outsourcing, insourcing or a change in contractor) where certain conditions are satisfied
This Practice Note considers business transfers. Service provision change transfers are considered separately, in Practice Note: TUPE—service provision changes. For further information on TUPE and other employment issues in an outsourcing context, see Practice Note: Outsourcing—employment issues.
However, it is important to note that a transfer may be both a business transfer and a service provision change transfer: a putative transfer should be analysed under both tests.
A business transfer under TUPE 2006 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 United Kingdom
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
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