Commentary on Sections Part 1: Defence Procurement Section 9: Transfer of employees: application of TUPE regulations
37.This section ensures that the Transfer of Undertakings (Protection of Employment) Regulations 2006(3) (“TUPE regulations”) apply to the transfer of DE&S staff from their employment in the civil service to employment by a contractor.
38.Subsection (2) ensures that the TUPE regulations apply to relevant employees where the contractor is a two company entity i.e. where the Secretary of State makes arrangements with a management company for the provision of defence procurement services, whilst a separate operating company is responsible for delivery of those services.