New year, new TUPE

The final version of the regulations amending the Transfer of Undertakings (Protection of Employment) (TUPE) business transfer and outsourcing regulations has been published. Now that the service provision change (SPC) rules are staying, there is no significant lead-in period for the changes and most of them will take effect on 31 January.

The main headline from the government response to consultation last year was the decision not to scrap the SPC rules on outsourcing/insourcing. But the rules are amended to say that for there to be an SPC, the activities carried on after must be ‘fundamentally the same’ as before the transfer. This reflects the position under existing case law and is designed to make it clear that if services are provided in a novel or innovative way post transfer, the SPC rules might not apply. The new wording applies to TUPE transfers taking place on or after 31 January…

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