TUPE - a union rep’s guide to using the law (November 2017)

Chapter 2

‘Immediately before the transfer date’

[ch 2: page ]

There will only be an SPC if the “organised grouping” is in place “immediately before the transfer” (Regulation 3, TUPE). The focus should be on the group’s principal purpose at this stage, as opposed to its historical purpose in months or even years gone by (Amaryllis v McLeod [2016] UKEAT/0273/15/RN).


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.