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An �organised grouping of employees [whose] principal purpose is the carrying out of � activities � on behalf of [a particular] client� within the meaning of regulation 3 (3) (a) (i) of TUPE will only exist where the employees in question are organised by reference to the provision of services to the relevant client.
It will be convenient at this point to set out the relevant provisions of TUPE.� Regulation 3 defines a �relevant transfer�.� Paragraph (1) identifies two types of such transfer.� We are concerned with the second � �service provision change�, which is defined, under head (b), as
(ii) activities cease to be carried out by a contractor on a client�s behalf � and are carried out instead by another person (�a subsequent contractor�) on the client�s behalf;
(i) there is an organised grouping of employees situated in Great Britain which has as its principal purpose the carrying out of the activities concerned on behalf of the client;
(ii) the client intends that the activities will, following the service provision change, be carried out by the transferee other than in connection with a single specific event or task of short-term duration; and
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Common Room
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