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Legal Update

TUPE, service provision change and second generation outsourcing: is a change (of client) better than a rest?

3 December 2012
Mayer Brown Legal Update
The recent Court of Appeal decision in the case of McCarrick v Hunter [2012] EWCA Civ 1399 has confirmed that the service provision change rules under the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") will only apply on a second generation outsourcing where the activities carried out before and after the change of contractor are carried out on behalf of the same client. However, despite this decision, there is a potential route by which TUPE could still apply in situations such as this.


  • Nicholas Robertson
    T +44 20 3130 3919
  • Miriam Bruce
    T +44 20 3130 3695

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