TUPE and Service Provision Change: Similarity of Activities
Posted in : TUPE Updates on 7 November 2016
Dr John McMullen
Spencer West LLP
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
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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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