“For the benefit of anyone who has not worked in this area previously or recently, I shall summarise the basics. The relevant legal rules are found in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (‘TUPE’) which came into force on 6 April 2006. The most important change from the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) has been the expansion of the definition of ‘a relevant transfer’ to encompass a service provision change as well as a transfer of an economic entity which retains its identity. This is a complex area of law, in which it is often hard to discern any broad principle which indicates the correct answer to the case on your desk: it is essential always to keep referring back to and re-reading the TUPE regulations themselves.”
Full story (PDF)
11 KBW, 17th August 2012
Source: www.11kbw.com
