Jinks v London Borough of Havering UKEAT/0157/14

Client’s identity in a TUPE service provision change case is a question of fact.

In Jinks v London Borough of Havering the EAT overturned a tribunal decision to strike out a claim by an employee that TUPE applied to transfer his employment when the operation of a car park was sub-contracted to another company, Regal Car Parks. The ET had ruled that, on the pleaded case, the council had never been the client of the sub-contractor.

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