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ARTICLE · 20 APRIL 2022

TUPE, Pensions And Public Sector Outsourcing

Gowling WLG
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The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply where there is a 'relevant transfer', which can involve (i) a business/asset transfer; or (ii) a service

United KingdomEmployment and HR
Rebecca Jones
Rebecca Jones
Jane Fielding
Jane Fielding
Hannah Beacham
Hannah Beacham
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The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply where there is a 'relevant transfer', which can involve (i) a business/asset transfer; or (ii) a service provision change (SPC). It is the relevant transfer of a SPC that is most relevant in public sector outsourcing and retendering.

SPCs can occur when services are outsourced for the first time from the Authority to a service provider/contractor; when services are retendered from the current contractor to a new contractor; or when services are insourced from a contractor to the Authority.

When TUPE applies the employment of employees who are 'assigned' in connection with the services which are to transfer, will automatically transfer from the transferor (the Authority or, in the case of a retender, the incumbent service provider) to the transferee (the new provider or, in the event of insourcing, the Authority). Most liabilities relating to employment will transfer and the

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