In Mowlem Technical Services (Scotland) Ltd v King and another, the Court of Session holds that the proper approach to deciding whether an employee is assigned to a transferred undertaking is to consider the range of circumstances. There can be no exhaustive list of factors, as facts will vary from case to case.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Reed Business Information Limited trading as XpertHR is an Appointed Representative of Abbey Protection Group Limited which is authorised and regulated by the Financial Conduct Authority.