LRD guides and handbook February 2014

TUPE - a guide to using the law for union reps

Chapter 2

What if the identity of the client changes?

[ch 2: page 20]

For employees to transfer under a service provision change, there must be no change to the identity of the client commissioning the services before and after the change in service provider. A change in client (for example, from a company to a receiver) would be fatal to a service provision change (McCarrick v Hunter [2012] EWCA Civ 1399).