TUPE Update - Mitigating The Risk

Current Trends in Recent Cases Service Provision Change - what happened to the certainty?

In our previous updates (please click here to read the update) we have been emphasising the uncertainty now surrounding service provision changes and have considered four different strands resulting from EAT decisions where it has been successfully argued that there has been no service provision change transfer ("SPC transfer"). We now have the first Court of Appeal decision on one of these strands, Hunter v McCarrick, which confirmed that there is no SPC transfer where there is a change in client. This is particularly relevant where there is a sale of commercial property.

First decision on single specific event/task of short-term duration In Liddell's Coaches v Cook and ors we have the first EAT decision on the meaning of the exclusion from the SPC provisions where the transferring activities are "in connection with a single specific event or task of short-term duration".