Transfer of all activities not required under TUPE service provision change regime


The EAT has held that there is no requirement for the whole of the service to transfer in order for the service provision change provisions of TUPE to apply.

It is possible for there to be a TUPE transfer where only part of the service being carried out by the transferor is subsequently performed by the transferee. The fact that TUPE makes express provision in regulation 3(1)(a) for there to be a business transfer in circumstances where only part of an undertaking, service or activity transfers should not be interpreted as meaning that the lack of such wording in regulation 3(1)(b) means that a service provision change cannot take place in the event of a part transfer of a service or activity.


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