75.Section 37 places a duty on the Welsh Ministers to make regulations specifying circumstances in which certain specific arrangements made under the Act (for instance, entering into a local bus service contract) will be treated as giving rise to a transfer that is within the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”), where this would not otherwise have been the case. The regulations must also apply certain provisions of, and made under, the Pensions Act 2004 in relation to a transfer of this type. This would mean that if, prior to the transfer, the transferred employee had access to an occupational pension scheme to which the employer contributed, or would have had access to such a scheme if they had been employed by the transferor for a longer period, then the new employer must secure at least the prescribed level of pension provision for the employee following the transfer.
76.Under section 37(2)(b), the Welsh Ministers also have a power to make supplementary provisions in regulations in connection with the application of TUPE.
Commentary on Sections Part 6 - Miscellaneous and General