The EAT has followed its earlier decision in Hunter that there can be no service provision change under TUPE if there has been a change in the identity of the client to whom the service is provided as well as a change of provider, as is often the case where a commercial property is sold. The Court of Appeal is due to hear Hunter in October 2012. Note that in some cases TUPE will still apply if the old "business transfer" test is satisfied – for further details see our post on Hunter. (Taurus Group Ltd v Crofts, EAT)
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