– or Service Provision Change for TUPE afficianados is a type of Transfer that’s been defined by the 2006 TUPE Transfer Regs.

The case reported here looks at whether there is a SPC (and TUPE is engaged) where what is said to be transferring has fragmented to such an extent that it has in effect lost its identity.

In essence if what is being contracted out is radically different to what had been contracted out in the past in terms of the geographic coverage of the contract and the services covered, then there may not be a SPC, even though the previous contracts TUPE may have been engaged. Like Humpty Dumpty, a contract can become so fragmented as to be incapable of being put back together again to amount to a SPC.