EAT Transfer of Undertakings: Service Provision Change – definition of activities – whether activities ‘fundamentally the same’ – The Employment Judge did not err in law in his definition of ‘activities’ for the purpose of Regulation 3(1)(b) of TUPE (service provision change); and he applied the correct legal test when deciding for the purpose of Regulation 3(2A) that the activities in question remained fundamentally the same before and after the transfer.
Richardson HHJ
[2016] UKEAT 0120 – 16 – 0109
Bailii
England and Wales
Employment
Updated: 24 January 2022; Ref: scu.570394