The EAT (Employment Appeal Tribunal) has recently provided useful guidance on the correct interpretation of TUPE where services provided post-transfer differ from services before the change of provider.

In Nottinghamshire Healthcare NHS Trust v Hamshaw and others (EAT/0037/11), the EAT has confirmed that there could not be a relevant transfer where the activities carried on by the new provider(s) were not “fundamentally or essentially the same” as those provided before the transfer.