TUPE—public sector transfers

Published by a LexisNexis Employment expert
Practice notes

TUPE—public sector transfers

Published by a LexisNexis Employment expert

Practice notes
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This Practice Note provides guidance on how the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 apply to public sector transfers, and gives an overview of the policy and guidance documents that supplement TUPE 2006 to protect the pensions of public sector employees.

EU-derived laws, such as much of TUPE 2006, that have been made to implement UK obligations under EU law (such as the obligation to implement Directive 2001/23/EC, the Acquired Rights Directive (ARD)), applicable in the UK at the end of the Brexit transition period/IP completion day are preserved in the UK’s domestic legal framework as assimilated law. For further information, see Practice Note: Assimilated law.

Transfers between public authorities

Both Directive 2001/23/EC, the Acquired Rights Directive (ARD) and TUPE 2006 make it clear that an administrative reorganisation of a public administrative authority, or the transfer of administrative functions between public administrative authorities, is not a relevant transfer within the meaning of the legislation.

For further information, see Practice Note: TUPE—business transfers—Public administrative authorities.

In addition, as there needs to be a change of legal

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Jurisdiction(s):
United Kingdom

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