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<p>In order to become a subsidiary company of a higher education institution, a further
education corporation would have to dissolve and the corporation would be required
to consult publicly on proposals for dissolution and to take account of the views
of those consulted.[1]</p><p>It would be for the individual corporations involved
to satisfy themselves as to whether TUPE might apply where staff were transferring
from a college to a subsidiary company and if so, to comply with the relevant requirements
including those in respect of consultation with staff representatives.[2]</p><p> </p><p>[1]
Section 27 of the Further and Higher Education Act 1992 <a href="http://www.legislation.gov.uk/ukpga/1992/13/section/27"
target="_blank">http://www.legislation.gov.uk/ukpga/1992/13/section/27</a> and regulations
3 and 4 of the Further Education Corporations (Publication of Proposals) (England)
Regulations 2012 <a href="http://www.legislation.gov.uk/uksi/2012/1157/regulation/3/made"
target="_blank">http://www.legislation.gov.uk/uksi/2012/1157/regulation/3/made</a></p><p>[2]
TUPE guidance is at <a href="http://www.acas.org.uk/index.aspx?articleid=1655" target="_blank">http://www.acas.org.uk/index.aspx?articleid=1655</a></p>
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