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Insofar as claims to the employment tribunals are concerned, HM Courts and Tribunals Service (HMCTS) does not collate information centrally on complaints or appeals relating to TUPE transfers that are specifically about service provision change.HMCTS does, however, collate and publish on a quarterly and annual basis statistical data on the volume of employment tribunal receipts and disposals for jurisdictional complaints relating to the transfer of undertaking (failure to inform and consult). These data are available via the justice website.Equivalent data relating to the Employment Appeal Tribunal (EAT) are not published in the quarterly and annual statistical products. But, in relation to the EAT, HMCTS is able to collate data on appeals relating to TUPE, and since 2006-07 in relation to service provision change specifically.The table shows the number of successful appeals (i.e. where the outcome was either 'Allowed' or 'Allowed-and-Remitted') in the last full 10 financial years, plus the current financial year, where the main topic of the appeal is "Transfer of Undertakings"; and also for the last five full financial years and the current financial year where the main topic/sub-topic is "Transfer of Undertakings—Service Provision Change".These data are provided from management information, and are not quality assured in the way that HMCTS official statistics are.<Table width="100%" summary="" cellspacing="3" cellpadding="3" border="0"><thead><tr><th>Successful Appeals</th></tr></thead><TR><TD>Financial year</TD><TD>Transfer of Undertakings</TD><TD>Transfer of Undertakings—Service Provision Change</TD></TR><TR><TD>2001-02</TD><TD>7</TD><TD>n/a</TD></TR><TR><TD>2002-03</TD><TD>5</TD><TD>n/a</TD></TR><TR><TD>2003-04</TD><TD>13</TD><TD>n/a</TD></TR><TR><TD>2004-05</TD><TD>5</TD><TD>n/a</TD></TR><TR><TD>2005-06</TD><TD>5</TD><TD>n/a</TD></TR><TR><TD>2006-07</TD><TD>6</TD><TD>0</TD></TR><TR><TD>2007-08</TD><TD>3</TD><TD>0</TD></TR><TR><TD>2008-09</TD><TD>5</TD><TD>0</TD></TR><TR><TD>2009-10</TD><TD>3</TD><TD>0</TD></TR><TR><TD>2010-11</TD><TD>4</TD><TD>0</TD></TR><TR><TD>2011-12¹</TD><TD>8</TD><TD>1</TD></TR><tfoot><TR><td>n/a = Not available</td></TR><TR><td>¹ To 15 March 2012.</td></TR></tfoot></Table>The EAT does not record the employment tribunal jurisdiction of each appeal it receives. However, it does record the topic (i.e. the subject) of the main point of law appealed. This means that the EAT cannot identify appeals which arose from an employment tribunal (ET) claim where the jurisdiction in the ET was:""service provision change in TUPE transfers""but the grounds of appeal related to (for example) ET practice and procedures. Such appeals are therefore excluded from the table above. It would only be possible to add such information following a manual trawl of all relevant tribunal files (which in any case are destroyed after three years), and only at disproportionate cost. Before 2006-07 only the broad area of law (topic) was recorded, however from that year they were recorded in greater detail (topic and sub-topic). |