In Whitewater Leisure Management Ltd v Barnes and others and ADI (UK) Ltd v Willer and others, the EAT holds that an employment tribunal should consider separately, and in turn, the questions of whether or not there was an economic entity constituting an undertaking or part of an undertaking, within the meaning of the Transfer of Undertakings Regulations, and whether or not there was a relevant transfer of that undertaking or part.
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