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Transfer of undertakings: Competitive tendering in turmoil

This report relates to 1 case(s)

  • expand disabled

    Dines and others v (1) Initial Health Care Services Ltd and (2) Pall Mall Services Group Ltd [1994] IRLR 336 CA (0 other reports)

A change in the contractor providing hospital cleaning services following a competitive tendering exercise amounted to the transfer of an undertaking within the domestic Transfer Regulations, holds the Court of Appeal in Dines and others v Initial Health Care Services Ltd and Pall Mall Services Ltd. The Regulations had to be interpreted purposively in order to give effect to relevant EC law, and in the present case it was sufficient that, following the change of contractor, the cleaning services were carried out largely by the same staff, on the same premises and for the same health authority.