TUPE does not apply when a service is conducted in an altogether different manner following a changeover.
Johnson Controls Ltd v Campbell & Anor (Transfer of Undertakings : Service Provision Change)  UKEAT 0041_12_1402
The EAT in Johnson Controls v UK Atomic Energy Authority has ruled that TUPE does not apply when a service is conducted in an altogether different manner following a changeover. There are no hard and fast rules so each case must be assessed individually as to the facts by the employment tribunal.
The claimant taxi administrator employed by Johnson Controls claimed a TUPE transfer when United Kingdom Atomic Energy Authority started booking its own taxis in-house using its own secretaries dealing directly with taxi companies. The centralised taxi booking service therefore disappeared.
The ET decided that the post change service was different to that carried out formerly so that no TUPE transfer occurred and the EAT concurred. The guidelines of Enterprise Management Services Ltd v Connect-Up Ltd were applied whereby the defining of activities involved and of their sameness to the previous work is a question of fact which the ET decides.
Cases quoted:Metropolitan Resources Ltd v Churchill Dulwich Ltd  ICR 1380
Kimberley Group Housing Ltd v Hambley and Ors  ICR 1030
Clearsprings Management Ltd v Ankers and Ors UKEAT/0054/08
OCS Group UK Ltd v Jones and Anor UKEAT/0038/09
Enterprise Management Services Ltd v Connect-Up Ltd and Ors UKEAT/0462/10
|Transcript of the judgement:- Johnson Controls Ltd v Campbell & Anor (Transfer of Undertakings : Service Provision Change)  UKEAT 0041_12_1402||
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