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Transfer of undertakings: Dismissal was for transferor's reason

This report relates to 1 case(s)

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    BSG Property Services v Tuck and others [1996] 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 [1996] 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.