Case Report: TUPE – One Employee Can Constitute a Service Provision

How small can an organised grouping be for TUPE still to apply? On a business outsourcing, if only one person is affected, this is enough, said the Court of Appeal.

Ever since the UK went out on a limb and introduced “service provision change” to be an additional ground where TUPE applies, in addition to where there is a transferring business entity, those who have been concerned with how the extension to TUPE regulations would be interpreted have wondered how small the organised grouping needs to be to trigger a TUPE transfer where a service provision change was involved. Now the courts have given their answer.

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