McCormick and others v Scottish Coal Company Ltd [2005] All ER (D) 104 (Sep) CS

Reports relating to this case:

  • Transfer of undertakings: No primary test of whether operation is asset or labour intensive

    2 December 2005

    In Scottish Coal Co Ltd v McCormick and others, the Scottish Court of Session holds that the guidance given by the European Court of Justice (ECJ) in Spijkers, on determining whether an economic entity has retained its identity for the purpose of deciding whether a "relevant transfer" has taken place, is still to be followed. No single factor is likely to be decisive.