30 January 2013

Since the introduction of the TUPE Regulations in 2006, customers and suppliers have generally taken a cautious approach to the new “service provision change” test, applying TUPE to most outsourcing situations. However, a number of cases over the last year have seen tribunals taking a more restrictive approach to the Regulations and seeming more reluctant to find that there has been a TUPE transfer simply because there has been a change in service provider. In the most recent case, this trend has been taken yet further.

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