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Transfer of undertakings: Employee not assigned to contract did not transfer

This report relates to 1 case(s)

In Mowlem Technical Services (Scotland) Ltd v King and another [2005] CSIH 46, the Court of Session holds that the proper approach to deciding whether an employee is assigned to a transferred undertaking is to consider the range of circumstances. There can be no exhaustive list of factors, as facts will vary from case to case.