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Transfers In and From the Public Sector

Key Points

  • Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246  – reg 3 sets out the scope of a ‘relevant transfer’ and the applicability of TUPE
  • The Acquired Rights Directive 2001/23/EC deals with the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses
  • Transfers in and from the public sector require careful consideration of the factual matrices and the 2013 Revised Statement of Practice .
  • With regard to staff pensions, the Fair Deal Policy should be considered

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