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Transfer of undertakings: Asset-reliant entity could transfer even though assets left behind

This report relates to 1 case(s)

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    P&O Trans European Ltd v Initial Transport Services Ltd and others [2003] IRLR 128 EAT (0 other reports)

Key Points

  • In P&O Trans European Ltd v Initial Transport Services Ltd and others [2003] IRLR 128, the EAT holds that an employment tribunal that fully set out the facts surrounding a putative transfer of an asset-intensive undertaking, and weighed in the balance all the relevant factors - including the fact that certain tangible assets did not transfer - did not err in law in finding that there had been a relevant transfer for the purposes of the TUPE Regulations.
  • Even if the tribunal had had the decision of the ECJ in Oy Liikenne [2001] IRLR 171 before it, the result would have been no different.