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Transfer of undertakings: Cleaners covered by transfers directive

This report relates to 1 case(s)

  • expand disabled

    Governors of Highams Park School v Odger and others EAT/519/93 (0 other reports)

Responsibility for the dismissals of three cleaners who were working mainly at one particular school when it obtained independent grant-maintained status was transferred to the governors of that school by virtue of the "Business Transfers" Directive, holds the EAT in Governors of Highams Park School v Odger and others. The fact that cleaning work was organised through the council's direct services organisation did not affect the position that the school was part of the council's undertaking (as a local education authority), and the cleaners were employed to clean the undertaking transferred.

Mrs Odger and Mrs Crudgington were employed as school cleaners, and Mrs Lamprell as a school cleaner/chargehand, by the London Borough of Waltham Forest.