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  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.