What is a service provision change?

A service provision change occurs when there is reassignment or transfer ‘in-house’ of a sub-contract where a client has engaged with a contractor to do work on its behalf.

What is TUPE fragmentation?

This means that where there is a transfer to multiple transferees under the Acquired Rights Directive, a transferring full-time contract of employment can be split between the transferees into a number of part-time contracts. A group of AS Ltd’s employees worked exclusively on this contract, latterly in two teams.

Does TUPE apply if the service provider terminates the contract?

Yes, TUPE can apply in a “subsequent-generation outsourcing” situation, where an outsourcing contract comes to an end and a new contractor is engaged. TUPE will apply if the situation meets the definition of a “service provision change” set out in the TUPE Regulations.

Can you contract out of TUPE?

Although it is not possible to contract out of TUPE, there are steps which both the outgoing and incoming employers can take to divide up TUPE liabilities contractually between them. This ought to be done by means of contractual indemnities.

What does service provision mean?

Service provision is a term used to describe a wide range of activities, including the provision of assistive devices, rehabilitation services, therapy and health services.

How do you transfer Tupes?

TUPE transfer checklist for the incoming employer

1. Obtain essential information from the outgoing employer.
2. Obtain ’employee liability information’
3. Provide any ‘measures’ information to the outgoing employer.
4. Meet with transferring employees.
5. Identify any contractual benefits.
6. Write to transferring employees.

When would Tupe not apply?

When Does TUPE not apply? There are some scenarios that may not fall under TUPE regulations: Change of Company Name: If you change the name of your company but there is no change in entity with regards to ownership or working practices then generally this would not be a TUPE situation.

Can you make Tupe staff redundant?

Before a TUPE transfer Before the transfer, your current employer cannot make you redundant if your new employer asks them to. This would be considered an unfair dismissal. If 20 or more employees are at risk, a redundancy consultation can start before the transfer if both your current and new employers agree.

Is TUPE a legal requirement?

The TUPE Regulations preserve employees’ contractual terms and conditions when a business or undertaking, or part of one, is transferred to a new employer. Any provision of any agreement (whether a contract of employment or not) is void so far as it would exclude or limit the rights granted under the Regulations.

How long can you stay on a TUPE contract?

What is the period of protection and how long is TUPE valid for? The period of protection afforded by TUPE is indefinite. If the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.

What is an example of a provision?

Provision is defined as a supply of something or to the act of providing a supply of something. An example of provision is food you take with you on a hike. An example of provision is when legal aid provides legal advice. A particular requirement in a law, rule, agreement, or document.