Effect of service provision change on trade union recognition

6.—(1) This regulation applies where, after a service provision change, the organised grouping of resources or employees to which the change relates maintains an identity distinct from the remainder of the transferee’s undertaking.

(2) Where before such a change an independent trade union is recognised to any extent by the transferor in respect of employees of any description who in consequence of the change become employees of the transferee, then, after the change—

(a)the trade union shall be deemed to have been recognised by the transferee to the same extent in respect of employees of that description so employed; and

(b)any agreement for recognition may be varied or rescinded accordingly.