Transfer of an Undertaking (TUPE)

Transfer of Undertakings (Protection of Employment) (TUPE) Regulations

On 6 April 2006, the revised Transfer of Undertakings (Protection of Employment) Regulations 2006 external link (the “TUPE Regulations”) (S.I. 2006/246) and the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 external link (the “2006 Regulations”) (S.R. 2006 No. 177) came into force. The TUPE Regulations make provision, in respect of Great Britain and Northern Ireland, for the treatment of employees, and related matters on the transfer of a business or undertaking while the 2006 Regulations make corresponding provision related to service provision change in Northern Ireland. These Regulations replace the previous 1981 TUPE Regulations, and the 2006 Regulations widen the scope to cover cases where services are outsourced, insourced or assigned by a client to a new contractor (described as “service provision changes”).