John McMullen examines the conditions of TUPE
- The purpose of the organised grouping.
- The “same client” rule.
- Whether an employee is assigned to an organised grouping.
For a service provision change TUPE transfer under reg 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (2006/246) a number of conditions must be met. First, the activities changing hands, the subject of the service provision change, must remain fundamentally the same in the hands of the new provider, as they were in the hands of the outgoing provider (TUPE, reg 3(2A)). Second, immediately before the service provision change, it must be established that the client intends that the activities changing hands will, following the service provision change, be carried out by the transferee other than in connection with a single specific event or task of short term duration (TUPE, reg 3(3)(a)(ii)). Third, the activities concerned must not consist wholly or mainly of the supply of goods for the client’s use (TUPE, reg 3(3)(b)). Fourth, there must have been, “immediately before” the change, an organised grouping of employees, the principal purpose of which
