Where both the transferor and transferee mistakenly assume that the transfer of a service is not covered by the Transfer of Undertakings Regulations, a notice of termination of employment contracts issued to its employees by the transferor, for the reason given by the transferor, is, for unfair dismissal purposes, deemed to have been a notice given by the transferee for the same reason, holds the EAT in BSG Property Services v Tuck and others.
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