EAT TRANSFER OF UNDERTAKINGS – Transfer
For there to be a service provision change within the meaning of Regulation 3(1)(b)(ii) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, the activities carried out by different contractors before and after the transfer must be carried out for the same client. The Employment Tribunal erred in holding that there was a service provision change when there was not only a change of contractor but also a change of client. The decision could not be upheld on the basis of a transfer of an undertaking under Regulation 3(1)(a). Amongst other matters, the facts advanced of such an argument would not support such a conclusion. Although not necessary for the disposal of the appeal, the EAT found that the Employment Tribunal had failed to consider the conditions set out in Regulation 3(3)(a) which must be satisfied for a service provision change under Regulation 3(1)(b) to be established. Appeal allowed.
Judges:
Slade J DBE
Citations:
[2011] UKEAT 0617 – 10 – 1312
Links:
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 2006 3(1)(b)(ii)
Jurisdiction:
England and Wales
Employment
Updated: 01 October 2022; Ref: scu.449998