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Transfer of undertakings: "Commercial venture" may be non-profit-making

This report relates to 2 case(s)

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    Birch and others v (1) Nuneaton and Bedworth Borough Council and (2) Sports and Leisure Management Ltd [1995] IRLR 518 EAT (0 other reports)

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    UK Waste Control Ltd v Wren [1995] ICR 974 EAT (0 other reports)

In two recent cases, the EAT considers the application of the now repealed requirement that an undertaking had to be "in the nature of a commercial venture" in order to be covered by the Transfer of Undertakings Regulations. The fact that the European Court of Justice had found that this requirement infringed the EC Business Transfers Directive does not, says the EAT, mean that a domestic tribunal is bound to conclude that the unamended Regulations could never apply to a non-profit making venture.