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Transfer of undertakings: Employee was assigned to part of business transferred

This report relates to 1 case(s)

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    Buchanan-Smith v Schleicher & Co International Ltd [1996] IRLR 547 EAT (0 other reports)

In Buchanan-Smith v Schleicher & Co International Ltd 17.1.96 EAT 1105/94 the EAT confirms that the test of whether a person is employed in a part of an undertaking transferred for the purposes of the Transfer of Undertakings Regulations is whether that person has been "assigned" to the part transferred. Where an employer carried on two different undertakings, one of which was transferred to a new employer and the other ceased trading, and an employee worked in both parts of the business before the transfer, she was to be regarded as assigned to, and employed in, the transferred part of the business at the date of the transfer.