Relevant transfers

For TUPE to apply, there must be a relevant transfer. Relevant transfers are defined in Regulation 3 of TUPE. Since 2006, there have been two types of relevant transfer:

• a business transfer: this is where a business or undertaking (or part of a business or undertaking) is transferred from one employer to another as a going concern. This can include cases where two companies combine to form a new company; and

• a service provision change: service provision change usually involves outsourcing, changing the identity of the service provider (often referred to as “second generation outsourcing”) or in-sourcing (bringing services back in-house).

These two categories are not mutually exclusive and it is not unusual for a transfer to fall into both categories, so reps need a broad understanding of both. The rest of this Chapter will look at the two categories in more detail.