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Horizon Security Services Ltd v Ndeze and another [2014] UKEAT 0071_14_1905

There has to be continuity of client for a service provision change

In order to show that there has been a service provision change for the purposes of TUPE 2006 there must be a continuity of client. The EAT in Horizon Security Services Ltd v Ndeze (mentioned in last month’s newsletter on the issue of tribunal fees) found no such continuity of client. PCS had been engaged to provide security at Alpha Business Centre (where Mr Ndeze worked for PCS as a security guard) by the management company,Workspace plc. Workspace told PCS that the business centre was closing, to be replaced with a supermarket. 

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