The Employment Appeal Tribunal ("EAT") has approved the approach adopted in Metropolitan Resources Ltd v Churchill Dulwich Ltd and another [2009] IRLR 700 for identifying the "activity" in the context of a service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006. It stated that this exercise involves a "holistic assessment" by the employment tribunal and cannot be done by simply identifying a list of tasks and assessing whether the majority of those tasks is the same pre- and post-transfer.

The decision does not represent new law but provides insight into how employment tribunals and the EAT will consider service provision changes.

(Johnson Controls Ltd v Campbell and another UKEAT/0041/12.)