TUPE and Service Provision Change: Similarity of Activities

Posted in : TUPE Updates on 7 November 2016
Dr John McMullen
Spencer West LLP
Issues covered:

In a recent case on service provision change the Employment Appeal Tribunal has examined the requirement, under the TUPE Regulations 2006, that the activities carried out by a new service provider must be fundamentally the same as the activities carried out by the previous service provider in order for there to be a service provision change TUPE transfer. 

TUPE and service provision change: similarity of activities

By virtue of regulation 3(2A) of TUPE, for a service provision change, the activities being carried out by another person in succession to a previous provider (or client) must be activities which are "fundamentally the same" as the activities carried out by the person who

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This article is correct at 07/11/2016

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
Spencer West LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email drjohn.mcmullen@spencer-west.com

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