The EAT has confirmed that, where a service being provided by a transferor is split along functional lines, with two separate activities carried out by two organised groupings of employees, it is possible for there to be a service provision change of one of those functions to which TUPE will apply.

In the case of Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust, the service of providing support to alcohol and/or drug dependent adults could be split functionally into case management services and delivery of interventions, and only one of those functions transferred to a new contractor under TUPE.