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TUPE regulationsThe regulations are designed to implement a directive, which was adopted by the European Community in 1977 (Directive 77/187), are often referred to as the Acquired Rights Directive.
An employer who is responsible for providing a service will only constitute a transfer if two conditions are satisfied, namely that: (i) The service can be regarded as "an economic entity"; and (ii) It "retains its identity" after the transfer. Whether a service constitutes an economic entity depends on how it is organised before the transfer, in particular whether it has some degree of autonomy from the rest of the employer's activities and whether it is staffed by a dedicated team of employees. The test of whether a service retains its identity involves considering how many elements of the service are taken over by the new employer |
