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Transfer of undertakings: Declared intention of parties was relevant to transfer question

This report relates to 1 case(s)

An employment tribunal had not erred in law in taking into account the fact that the transferee had tendered and won a contract on the basis that the Transfer of Undertaking Regulations applied when deciding whether or not a relevant transfer had taken place, holds the Inner House of the Court of Session in Lightways (Contractors) Ltd v Associated Holdings Ltd [2000] IRLR 247. It was legitimate to have regard to the circumstances surrounding a transaction, including the attitudes adopted by the parties.