TUPE: Is there a service provision change?

by Practical Law Employment

A checklist that outlines the crucial considerations for establishing whether a service provision change has taken place under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). This checklist details the steps for identifying such a change, as defined in regulation 3(1)(b) of TUPE. It guides users through examining the activities that are subject to the change, the identities of the client and service providers both preceding and following the change, whether the activities remain fundamentally similar post-transfer, the necessity of an organised grouping of employees situated in Great Britain whose principal purpose is carrying out these activities for the client, and specific exclusions from TUPE. This analysis will be particularly relevant in scenarios involving outsourcing, insourcing, or altering service contractors. This checklist also briefly indicates the other issues that may arise if there is a service provision change and TUPE applies, assisting practitioners in understanding these employment transitions.