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Transfer of undertakings > Definition of relevant transfer
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relating to the case: Charlton and Charlton v (1) Charlton Thermosystems (Romsey) Ltd and (2) Ellis and others [1995] IRLR 79 EAT.
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Transfer of undertakings: Dissolved business transferred to previous owners
Source: Industrial Relations Law Bulletin Date:
01-03-1995
A dissolved company "retained its identity" in the hands of its previous owners who, after the dissolution, continued to operate the same business using the company's property, assets and employees. This was sufficient to amount to a transfer of the undertaking to the previous owners within the meaning of the Transfer of Undertakings Regulations, holds the EAT in Charlton and Charlton v Charlton Thermosystems (Romsey) Ltd and Ellis and others.