Defined terms — The Transfer of Undertakings (Protection of Employment) Regulations 2006
United Kingdom · uksi/2006/246 · 218 provisions
18 defined in this instrument.
assigned — assigned other than on a temporary basis;
“collective agreement”, “collective bargaining” and “trade union” have the same meanings respectively as in the 1992 Act Section 2(1)
assigned employees — those employees assigned to the organised grouping of resources or employees that is the subject of a relevant transfer;
“permitted variation” is a variation to the contract of employment of an assigned employee where—
the sole or principal reason for it is the transfer itself or a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce; and
the sole or principal reason for the variation is the transfer and not a reason referred to in regulation 4(5)(a); and
it is designed to safeguard employment opportunities by ensuring the survival of the undertaking, business or part of the undertaking or business that is the subject of the relevant transfer;
“relevant insolvency proceedings” has the meaning given to the expression by regulation 8(6) Section 9(7)
contract of employment — any agreement between an employee and his employer determining the terms and conditions of his employment;
references to “contractor” in regulation 3 shall include a sub-contractor Section 2(1)
economic entity — an organised grouping of resources which has the objective of pursuing an economic activity, whether or not that activity is central or ancillary Section 3(2)
employee — any individual who works for another person whether under a contract of service or apprenticeship or otherwise but does not include anyone who provides services under a contract for services and references to a person’s employer shall be construed accordingly;
“insolvency practitioner” has the meaning given to the expression by Part XIII of the Insolvency Act 1986;
references to “organised grouping of employees” shall include a single employee;
“recognised” has the meaning given to the expression by section 178(3) of the 1992 Act Section 2(1)
employee liability information — —
the identity and age of the employee;
those particulars of employment that an employer is obliged to give to an employee pursuant to section 1 of the 1996 Act;
information of any—
within the previous two years, in circumstances where a Code of Practice issued under Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 which relates exclusively or primarily to the resolution of disputes applies;
disciplinary procedure taken against an employee;
grievance procedure taken by an employee,
information of any court or tribunal case, claim or action—
brought by an employee against the transferor, within the previous two years;
that the transferor has reasonable grounds to believe that an employee may bring against the transferee, arising out of the employee’s employment with the transferor; and
information of any collective agreement which will have effect after the transfer, in its application in relation to the employee, pursuant to regulation 5(a) Section 11(2)
relevant employee — an employee of the transferor—
whose contract of employment transfers to the transferee by virtue of the operation of these Regulations; or
whose employment with the transferor is terminated before the time of the relevant transfer in the circumstances described in regulation 7(1) Section 8(2)
relevant insolvency proceedings — insolvency proceedings which have been opened in relation to the transferor not with a view to the liquidation of the assets of the transferor and which are under the supervision of an insolvency practitioner Section 8(6)
relevant transfer — a transfer or a service provision change to which these Regulations apply in accordance with regulation 3 and “transferor” and “transferee” shall be construed accordingly and in the case of a service provision change falling within regulation 3(1)(b) Section 2(1)
suitable information relating to the use of agency workers — —
the number of agency workers working temporarily for and under the supervision and direction of the employer;
the parts of the employer's undertaking in which those agency workers are working; and
the type of work those agency workers are carrying out Section 13(2A)
the 1981 Regulations — the Transfer of Undertakings (Protection of Employment) Regulations 1981 Section 2(1)
the 1992 Act — the Trade Union and Labour Relations (Consolidation) Act 1992 Section 2(1)
the 1996 Act — the Employment Rights Act 1996 Section 2(1)
the 1996 Tribunals Act — the Employment Tribunals Act 1996 Section 2(1)
the 2006 regulations — the Transfer of Undertakings (Protection of Employment) Regulations 2006 Schedule 2, paragraph 3(6)
the transferee — the person who carries out the activities as a result of the service provision change Section 2(1)
the transferor — the person who carried out the activities prior to the service provision change and Section 2(1)
transferring employees — the employees who work for the transferor and who are to be (or are likely to be) transferred to the transferee’s employment under a relevant transfer Section 13A(1A)