Anglo Beef Processors UK v Longland UKEATS/0025/15/JW

  • Case Reference
    UKEATS/0025/15/JW
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: TUPE, Service Provision Change and activities that remain "fundamentally the same"

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 [2009] IRLR

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This article is correct at 21/08/2017
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dr John McMullen
Wrigleys Solicitors LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 01132046100 or email john.mcmullen@wrigleys.co.uk

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