Service Provision Changes

By way of background, the TUPE Regulations apply where there is a service provision change:

- The client stops carrying out activities its own behalf and they are carried out instead by another person on the client’s behalf;

- Where activities are carried out by a contractor on the client’s behalf, the contractor stops carrying them out and they are carried out instead by another person on the client’s behalf;

- Activities cease to be carried out by a contractor or a subsequent contractor on a client’s behalf and the client carries out those activities on its own behalf.

This means that the employees assigned to the service provision(Activities) transfer to the new service provider.

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1. Should the TUPE Regulations dealing with service provision changes remain as they are currently drafted?

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2. Should the Regulations relating to service provision changes be repealed, so that service provision changes fall outside of TUPE regulations?

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3. If the service provision change regulations were repealed, do you consider that the impact on your organisation be favourable or detrimental?

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