LRD guides and handbook February 2014

TUPE - a guide to using the law for union reps

Chapter 2

When will there be a service provision change?

[ch 2: page 15]

Under Regulation 3(1)(b) of TUPE, a service provision change requires:

• a change in the identity of the service provider;

• an organised grouping of employees whose principal purpose before the transfer was to provide that service; and

• for the activities carried on after the change in service provision to be “fundamentally the same” as those carried on previously.