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).
Case Summary Tag:
TUPE [1]