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Transfer of undertakings: Contracting-out covered by transfer directive

This report relates to 1 case(s)

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    Kenny and others v South Manchester College [1993] IRLR 265 HC (0 other reports)

Taking a "robust view" of all the relevant circumstances, the High Court rules in Kenny and others v South Manchester College that the contracting-out by the Home Office of the education service at a young offenders institution is a transfer covered by the "Business Transfers" Directive. The Court therefore declares, in advance of the transfer, that the further education corporation which won the contract is obliged to honour the contracts of the existing staff of the service, who were previously employed by the local education authority, after the transfer takes place.