In SNR Denton UK LLP v Kirwan and others the EAT held that there was no service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) where activities previously carried out by a company's in-house lawyer were subsequently performed by solicitors appointed by the administrators when the company went into administration. Taking into account the true nature of the agency relationship in the context of administration, the company's lawyer and the solicitors appointed by the administrators did not carry out the activities on behalf of the ‘same client’, which is a pre-condition to a service provision change.
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