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Metropolitan Resources Ltd v Churchill Dulwich Ltd & Ors - establishing TUPE "service provision change" is question of common sense, fact and degree

Churchill Dulwich (CD) provided accommodation services for migrants under a contract with Migrant Helpline (MH), on behalf of the Home Office. MH entered a replacement contract with Metropolitan Resources Ltd (MRL) and, when the contract with CD expired it was not renewed. CD was left with no asylum seekers: the 10 employees (lead claimant - Martin Cambridge) argued that they had transferred to MRL under the "service provision change" rules in TUPE 2006.

An employment tribunal agreed that there had been a relevant transfer. MRL appealed and has lost.

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