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Employment – Continuity. The Employment Appeal Tribunal, applying established principles, decided that 'the client' in the present case had not been the same client for the purpose of demonstrating a service provision change. Therefore, the decision of the employment tribunal would be quashed and replaced by a finding that there had been no relevant transfer for the purpose of reg 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246. Further, while the tribunal had erred in looking at the activities rather than the task in considering whether the employment had been in connection with a single specific event or task of short-term duration, it was not open to the EAT to substitute its view in answering that question.
Employment – Continuity. The Employment Appeal Tribunal, applying established principles, decided that 'the client' in the present case had not been the same client for the purpose of demonstrating a service provision change. Therefore, the decision of the employment tribunal would be quashed and replaced by a finding that there had been no relevant transfer for the purpose of reg 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246. Further, while the tribunal had erred in looking at the activities rather than the task in considering whether the employment had been in connection with a single specific event or task of short-term duration, it was not open to the EAT to substitute its view in answering that question.
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