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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.


    • Service provision changes
    • Coronavirus
    • Latest News

    Furlough: updated guidance confirms TUPE and overseas citizens’ eligibility

    by Ashleigh Webber 14 Apr 2020
    by Ashleigh Webber 14 Apr 2020

    Employees who were transferred to another organisation under TUPE after 28 February 2020 are eligible for furlough, the government has...

    • Service provision changes
    • Latest News
    • Employment contracts

    TUPE: Do employers need to consider ‘workers’?

    by Charles Wynn-Evans 28 Nov 2019
    by Charles Wynn-Evans 28 Nov 2019

    The legal distinction between employee and worker usually focuses on rights such as leave and pay, but what happens in...

    • Service provision changes
    • Latest News
    • Employment contracts

    Setting up a Community Interest Company: what are the HR challenges?

    by Lance Hobbs 25 Nov 2019
    by Lance Hobbs 25 Nov 2019

    Community Interest Companies (CICs) are becoming a more popular option for running heritage sites or similar organisations transferring out of...

    • Service provision changes
    • Financial penalties
    • Discipline

    Top 10 HR questions April 2019: Maximum compensation, holiday entitlement and positive action

    by Brightmine 2 May 2019
    by Brightmine 2 May 2019

    The annual increase to the limits on compensation that can be awarded in an...

    • Service provision changes
    • Personnel Today
    • Latest News

    TUPE and service provision change: What happens if a service is fragmented?

    by Dr John McMullen 25 Sep 2018
    by Dr John McMullen 25 Sep 2018

    Service provision change is a notoriously thorny area of TUPE transfer law. But it can become even more complex where...

    • Service provision changes
    • Employment law
    • TUPE

    TUPE abattoir case decision reinforces activity rules

    by Dr John McMullen 18 Sep 2017
    by Dr John McMullen 18 Sep 2017

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

    • Service provision changes
    • Employment law
    • TUPE

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

    by Dr John McMullen 30 May 2017
    by Dr John McMullen 30 May 2017

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

    • Acas
    • Service provision changes
    • National living wage

    Labour manifesto 2017: what employers need to know

    by Rob Moss 17 May 2017
    by Rob Moss 17 May 2017

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

    • Service provision changes
    • Case law
    • Employment law

    Common sense needed in TUPE service provision changes

    by Dr John McMullen 21 Feb 2017
    by Dr John McMullen 21 Feb 2017

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

    • Service provision changes
    • Personnel Today
    • Employment law

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

    by Dr John McMullen 6 Sep 2016
    by Dr John McMullen 6 Sep 2016

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

    • Service provision changes
    • TUPE

    TUPE case confirms obligations apply to multiple providers

    by Dr John McMullen 14 Jun 2016
    by Dr John McMullen 14 Jun 2016

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

    • Service provision changes
    • Brexit
    • Europe

    What would happen to TUPE if the UK left Europe?

    by Dan Peyton 3 May 2016
    by Dan Peyton 3 May 2016

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

    • Service provision changes
    • Case law

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

    by Lindsay Macdonald 22 Jan 2016
    by Lindsay Macdonald 22 Jan 2016

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

    • Service provision changes
    • Shared parental leave
    • Bank holidays

    Top 10 HR questions in April 2015: TUPE

    by Personnel Today 1 May 2015
    by Personnel Today 1 May 2015

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

    • Service provision changes
    • TUPE

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

    by Dr John McMullen 1 May 2015
    by Dr John McMullen 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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