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TUPE IN A NUTSHELL

23rd March 2006, Page 35
23rd March 2006
Page 35
Page 35, 23rd March 2006 — TUPE IN A NUTSHELL
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Which of the following most accurately describes the problem?

"A haulier taking on a new contract providing services may have the previous contractor's workforce aJtomatically transferred to them, making them responsible for redundancy payments and potentially for unfair dismissal claims," say transport lawyers Aaron & Partners.

In the Department of Trade and Industry guidance note the new terminology of a "service provision change" is a simplified means of describing "contracting in' and 'contracting out situations, both of which will be subject to TUPE. This new clarification may mean that TUPE will apply more widely in future.

The note can be seen at: http://www.dti,gov.ukierfindiviclualitupeguide2006regs.pdf

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