Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust and Others 
Case ReferenceUKEAT 0267_15_2101
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
In recent decisions the Employment Appeal Tribunal has, notwithstanding the usual stricture by the courts that service provision change under regulation 3(1)(b) of TUPE (Regulation 3 of the NI SPC Regs) must be given a plain and literal meaning, advanced a common sense interpretation of the wording concerned in order to achieve a fair result.
In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust and Others the EAT (Simler J (President)) continued this approach. The issue in this case was whether there could be a service provision change when, on a
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