London Borough Of Islington v Bannon & Anor - TUPE service provision change [2012] EAT

In considering whether there has been a service provision change, it is not relevant to consider the manner in which the operations were carried out by the new provider; rather the Tribunal must consider what is being carried out.

The EAT was asked to consider an appeal from the Islington Borough Council, in respect of a decision made by the ET at a Pre Hearing Review, which was intended to determine the status of the Claimant in relation to the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

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