Hunter v McCarrick  EWCA
Service provision change examined
- The application of Regulation 3(1)(b) TUPE and requirements for a “service provision change”
- The out-sourcing of property management services, combined with the appointment of Law of Property Act receivers over the property portfolio
Clarification that a service provision change within Regulation 3 (1)(b) involves:
- the same activities;
- carried out by different contractors;
- for the same client
If the client changes, such as upon the appointment of receivers, there is no service provision change
Points to note
- A change of service provider coupled with a change of client could potentially still be a traditional TUPE transfer if there is a transferring business which retains its identity.
- The government is currently reviewing TUPE and service provision changes in particular.
- Ensure, when involved in outsourcing, that potential liabilities are properly identified.