The National Health Service Pension Scheme Regulations 2015

Condition A

2.  Condition A is that—

(a) P is employed by an employing authority;

(b) the relevant employment commences in accordance with an arrangement under which it is the intention of the employing authority to retain P as an employee following P’s objection to P’s transfer to another body (which is not an employing authority) (“a retention arrangement”); and

(c) but for the retention arrangement—

(i) the transfer of P’s employment would be a relevant transfer for the purposes of the TUPE Regulations; or

(ii) P’s employment would, in the Secretary of State’s opinion, transfer from the employing authority to another employer in the public sector by virtue of an arrangement broadly equivalent to a TUPE transfer.