Avoiding the TUPE outsourcing pitfalls

posted by Caron Gosling
18 August 2016

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) were amended in 2006 to apply specifically to outsourcing scenarios where these are “service provision changes”. 

Although this extension of the regulations did cut down on the legal wrangling as to whether TUPE applied to an outsourcing, it has not wholly stifled the debate. In fact, new case law informing how TUPE should be interpreted continues to muddy the application of the test.

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