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Relevant Transfer (general)

Key Points

  • In order for the consequences of Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (“TUPE”) to apply there must be a “relevant transfer”.
  • There are two alternative, but not mutually exclusive, limbs to the definition of “relevant transfer” found in TUPE reg.3:
    • Reg.3(1)(a) – the “transfer of an undertaking” which is a definition that mirrors Acquired Rights Directive 2001/23/EC (“Acquired Rights Directive”) art.1 [reg.3(1)(a) Business Transfer];
    • Reg.3(1)(b) – the “service provision change” which is a definition that is NOT found in the Acquired Rights Directive but only found in TUPE [reg.3(1)(b) Service Provision Change Transfer].

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