TUPE: Activities had substantially changed to prevent service provision change TUPE transfer

In OCS Group UK Limited v Jones and another EAT/0038/09, the EAT held that a tribunal had not erred in law in deciding that the activities carried out after a catering contract was taken over by a new contractor were substantially different from the activities carried out by the previous contractor, so there could be no TUPE transfer. The extent to which the activities have changed is a question of fact for the tribunal, and the tribunal in this case had been entitled to reach the conclusion it had.