Change in identity of the client commissioning the services

There will only be a valid service provision change under TUPE if the identity of the commissioning client (for example, a local authority commissioning services) is the same before and after the transfer (McCarrick v Hunter [2012] EWCA Civ 1399). If the commissioning client changes, there can be no service provision change and TUPE will not apply.

Tribunals must apply this rule strictly. No flexibility is allowed (Horizon Security Services Limited v Ndeze [2014] UKEAT/0071/14/JOJ).