Anglo Beef Processors UK v Longland UKEATS/0025/15/JWPosted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
In order for there to be a service provision change TUPE transfer under regulation 3(1)(b) of TUPE the activities taken over by the new provider must remain "fundamentally the same" as before the transfer. This requirement was introduced into the TUPE Regulations 2006 in 2014. This requirement is not contained in the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006. But British EAT case law on TUPE 2006 before the amendments were made in 2014 implied this requirement (see Metropolitan Resources Ltd v Churchill Dulwich  IRLR 700). And so the rule will be familiar to practitioners in Northern Ireland. The EAT has
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