Statutory Instruments
2012 No. 2413
Terms And Conditions Of Employment
The Transfer of Undertakings (Protection of Employment) (RCUK Shared Services Centre Limited) Regulations 2012
Made
19th September 2012
Laid before Parliament
21st September 2012
Coming into force
1st November 2012
The Secretary of State, in exercise of the powers conferred by section 38 of the Employment Relations Act 1999( 1 ), makes the following Regulations:
Citation, commencement and interpretation
(2) In these Regulations “the TUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006( 2 ).
Application of the TUPE Regulations
2. —(1) These Regulations apply to persons employed by the Department for Business, Innovation and Skills on 31st October 2012—
(a) who are assigned to Financial Operations and whose office location is Queensway House, West Precinct, Billingham, TS23 2NF, or
(b) who are assigned to Human Resources Operations and whose office location is Crown Way, Maindy, Cardiff, CF14 3UZ.
In sub-paragraph (a) “Financial Operations” includes operational finance and shared services contract management, financial operations management, transaction processing, and travel and expenses policy and operations.
In sub-paragraph (b) “Human Resources Operations” includes HR operations management, HR First and registry, payroll, compliance and reporting, financial risk management, HR services for the Insolvency Service and other agencies, data migration, and pay operations.
(2) A person to whom these Regulations apply is to be treated, after 31st October 2012, in the same way as an employee in circumstances where the TUPE Regulations apply, subject to paragraph (3).
(3) A person to whom paragraph (1)(b) applies is not to be treated as though regulation 4(8) of the TUPE Regulations( 3 ) applies.
(4) For the purposes of these Regulations, the Department for Business, Innovation and Skills is to be treated as the transferor and RCUK Shared Services Centre Limited is to be treated as the transferee.
Jo Swinson
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
19th September 2012
S.I. 2006/246 amended by S.I. 2009/592 , 2010/93 .
Regulation 4(8) of the TUPE Regulations provides that subject to paragraphs (9) and (11) (of that regulation), where an employee so objects (to the transfer), the relevant transfer shall operate so as to terminate his or her contract of employment with the transferor but he shall not be treated, for any purpose, as having been dismissed by the transferor.