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Transfer of undertakings: Tribunal must take care to look beyond continuation of same service

This report relates to 1 case(s)

  • expand disabled

    Swanton and others v Computacenter (UK) Ltd [2004] All ER (D) 211 (Nov) EAT (0 other reports)

Key points

In Computacenter (UK) Ltd v Swanton and others, the EAT holds:

  • Where a contract to provide computer maintenance services was won from one company by another, the tribunal was wrong in law to conclude that there was a relevant transfer under the Transfer of Undertaking (Protection of Employment) Regulations 1981 ("TUPE"). The mere continuation of the same activity or service is not enough.