This case involved an appeal from the decision on a preliminary issue in a claim by the Claimant for unfair dismissal and a statutory redundancy payment. The issue for determination was whether there had been a TUPE transfer of the Claimant's employment from the First Respondent (the Appellant) to the Second Respondent (the Respondent).

The transfer in question was said to have occurred by reason of a service provision change, for which provision is made by the Transfer of Undertakings (Protection of Employment) regulations 2006 (reg 3(1)(b); in this case, (iii)). The Employment Judge found that the Claimant had been employed in 1986 as a site coordinator at Harwell. However, the duties he performed changed over time; whereas only