TUPE: Service provision change within meaning of TUPE Regulations 2006 had occurred
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Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and others [2009] IRLR 700 EAT (0 other reports)
In Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and others [2009] IRLR 700 EAT, the EAT held that, when determining whether or not there has been a service provision change within the meaning of the TUPE Regulations 2006, tribunals should consider if the activities carried out by the alleged transferee are essentially or fundamentally the same as those carried out by the alleged transferor.
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