“As employment lawyers will know, in order to determine whether there is going to be (or has been) a service provision change (SPC) under Regulation 3 of TUPE Regulations 2006 it is necessary to subject the material facts to a number of tests. These should be carried out in a logical order starting with an examination of the relevant activities to decide whether those activities to be carried out after any SPC are fundamentally or essentially the same as those carried out before. Then one must check whether the conditions in Reg 3(3) are satisfied.”
Hardwicke Chambers, 28th November 2012
Source: www.hardwicke.co.uk
