'Short term’ task exemption under TUPE

In the recent case of ICTS UK Limited v Mahdi & Ors, the Employment Appeal Tribunal (EAT) held that post transfer events may be relevant in cases dealing with the ‘short term’ task exemption under the TUPE Regulations.

Under Regulation 3 of the TUPE Regulations, the termination of a contract for a single specific task of short term duration does not give rise to a service provision change. In order for there to be a service provision change, there must be an intention that, following the TUPE transfer, the relevant activities will continue to be carried out other than in connection with a single specific event or task of short term duration.

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Michael McLaughlin


I am an employment specialist with a successful track record in employment related litigation in the Employment Tribunals throughout the UK as well as the Employment Appeal Tribunal.