TUPE: What is a service provision change?

Where activities are outsourced, or where there is a change in contractor providing the activities, or where outsourced activities are brought back in-house, then the employment of anyone within an organised grouping of employees carrying out those activities transfers automatically (regulation 3(1)(b), the Transfer of Undertaking (Protection of Employment) Regulations (SI 2006/246)) (TUPE). This is known as a service provision change and is a “relevant transfer” under TUPE.