Change in identity of the client commissioning the services

A change in the identity of the commissioning client before and after the change in service provider, for example from a company to a receiver, will be fatal to a TUPE claim based on service provision change. To have a service provision change transferring employment to the new provider, the identity of the commissioning client must remain the same before and after the transfer (McCarrick v Hunter [2012] EWCA Civ 1399).