Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and others [2009] IRLR 700 EAT

Reports relating to this case:

  • TUPE: Service provision change within meaning of TUPE Regulations 2006 had occurred

    Date:
    8 September 2009

    In Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and others [2009] IRLR 700 EAT, the EAT held that, when determining whether or not there has been a service provision change within the meaning of the TUPE Regulations 2006, tribunals should consider if the activities carried out by the alleged transferee are essentially or fundamentally the same as those carried out by the alleged transferor.

  • Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and others

    Date:
    30 June 2009

    The Employment Appeal Tribunal has held that, when deciding whether or not there has been a service provision change for TUPE purposes, employment tribunals should ask themselves if the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transferor.