Transfer of undertakings: Dismissal was for transferor's reason
This report relates to 1 case(s)
BSG Property Services v Tuck and others  IRLR 134 EAT (0 other reports)
Where both the transferor and transferee mistakenly assume that the transfer of a service is not covered by the Transfer of Undertakings Regulations, a notice of termination of employment contracts issued to its employees by the transferor, for the reason given by the transferor, is, for unfair dismissal purposes, deemed to have been a notice given by the transferee for the same reason, holds the EAT in BSG Property Services v Tuck and others  IRLR 134. The EAT also finds that the ECJ's recent decision in Rygaard does not in any way alter the well-established approach to determining whether there is a transfer of an identifiable economic entity in cases involving continuing and recurrent services or activities.