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Hunter v McCarrick - TUPE: Transfer by way of service provision changes, and the "same client" [2011] EAT

There will not be a transfer of employment under the TUPE service change provisions, even if the employee who claims to have transferred still carries out the same services, if he now carries them out for a different client. The client before and after transfer must be the same for a transfer under TUPE to be effected.

Mr McCarrick worked as an employee of Mr Hunter from 14th August 2009 to 8th March 2010, when he was dismissed. He claimed unfair dismissal at an employment tribunal, arguing that he had the necessary one year continuous service because his employment by Mr Hunter had in fact started considerably earlier by virtue of TUPE transfers in February and August 2009.

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