Service provision changes

A service provision change is a situation on a TUPE transfer in which activities cease to be carried out by a contractor on a client's behalf and are carried out instead by a subsequent contractor on the client's behalf.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 introduced into UK statute for the first time a definition of a service provision change for transfer of undertakings purposes.


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TUPE abattoir case decision reinforces activity rules

The recent decision on Anglo Beef Processors UK v Longland is the latest TUPE case to confirm the rules on...

TUPE service provision change

TUPE  service provision change: case underlines TUPE rule on “principal purpose” of an “organised grouping of employees”

30 May 2017

The case of Tees Esk & Wear Valleys NHS Foundation Trust v Harland.underlines the principle that for TUPE to apply...

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Labour manifesto 2017: what employers need to know

17 May 2017

The Labour Party’s official manifesto has been released today and includes some of the most radical changes to employment legislation...

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Common sense needed in TUPE service provision changes

21 Feb 2017

A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not...

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Case shows TUPE service provision changes only apply to group providing service immediately before the transfer

6 Sep 2016

Dr John McMullen explains how the “principal purpose” test in TUPE service provision changes relates to an organised grouping of...

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McMullen says the case confirms TUPE applies to transfers to multiple transferees split along functional lines

TUPE case confirms obligations apply to multiple providers

14 Jun 2016

TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains Dr...

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What would happen to TUPE if the UK left Europe?

3 May 2016

As part of our series of articles looking at the impact of a potential Brexit on employers and their legal...

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TUPE service provision change: lay off does not prevent organised group of employees

22 Jan 2016

Laying off employees before a service provision change does not necessarily...

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What FAQs did HR tune into last month?

Top 10 HR questions in April 2015: TUPE

1 May 2015

Employers often want to harmonise terms and conditions if they inherit employees as a result of a TUPE transfer. Are...

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A TUPE service provision change can apply to transfers to more than one firm

1 May 2015

Application of a TUPE service provision change transfer depends on whether or not activities on behalf of a client cease...

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Eddie Stobart v Moreman, an important case in TUPE service provision changes. Photo: David Bagnall/REX

TUPE service provision changes – which employees transfer?

3 Mar 2015

Determining whether or not TUPE applies to an outsourcing or insourcing situation can be a headache for employers. Linda Glover...

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TUPE service provision change: manager not part of organised grouping of employees

TUPE service provision change: tribunal’s reasoning flawed on assigning manager to organised grouping of employees

29 Oct 2014

In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) found that an employment tribunal’s judgment was flawed when...

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TUPE 2014 webinar: what the changes to the Regulations mean for employers on-demand webinar

15 Jan 2014

Significant changes to the TUPE framework are coming into effect on 31 January 2014. In a new webinar, employment law...

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TUPE 2014 webinar: what the changes to the Regulations mean for employers

15 Jan 2014

In a new webinar, employment law trainer Darren Newman sets out the state of play in respect of TUPE.

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TUPE changes planned for 31 January 2014, Government confirms

17 Dec 2013

Changes to the TUPE Regulations will go ahead on 31 January 2014, the Government has confirmed.

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