WHEN DOES TUPE APPLY? Sample Clauses

WHEN DOES TUPE APPLY?. The TUPE Regulations say that a relevant transfer takes place where there is "a transfer from one person to another of an undertaking situated immediately before the transfer in the UK or part of one which is so situated". (Regulation 3). This means that where the Council's services are outsourced, brought back into the public sector, restructured in a new way in the public sector or relet to an external contractor having previously been outsourced, TUPE will generally apply. Sometimes, however, there may be "genuinely exceptional" circumstances, which are referred to in the Cabinet Office Statement of Practice, where XXXX will not apply but these are few and far between. It is always a matter of law to determine whether or not TUPE applies in any individual case. The Council's preferred position would usually be for TUPE to apply either in law or voluntarily.
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