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Transfer of undertakings: Changed terms of outsourcing contract prevented transfer

This report relates to 1 case(s)

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    Wodson Park Sport & Recreation Association v (1) Louise West; (2) J West Caterers Ltd; (3) Dawn Howard t/a The Greenhouse EAT/0219/02 and EAT/1139/02/SM (0 other reports)

In Wodson Park Sports & Recreation Association v Louise West & others [2001] IRLR 144, the EAT holds that, where a party outsourcing its catering function terminates its contract with the service provider and immediately contracts with another party for the provision of those services, there will be no "relevant transfer" back to the original outsourcing party. This situation does not constitute a contracting-in of the function, since the function remains external.