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Transfer of undertakings: Application of Transfer Regulations to first- and second-generation contracting-out

This report relates to 2 case(s)

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    ADI (UK) Ltd v Willer [2000] EAT (0 other reports)

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    Whitewater Leisure Management Ltd v Barnes and others [2000] IRLR 456 EAT (0 other reports)

In Whitewater Leisure Management Ltd v Barnes and others [2000] IRLR 456 and ADI (UK) Ltd v Willer and others 18.4.00 EAT 11/99, 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. When looking at an alleged transfer of a labour-intensive undertaking, it may be that the question of whether or not the staff are substantially the same will be answered by working out if a majority of them were taken on.