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Transfer of undertakings: Employees "assigned" to business transferred

This report relates to 1 case(s)

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    Duncan Web Offset (Maidstone) Ltd v Cooper and others [1995] IRLR 633 EAT (0 other reports)

Where the whole of an employer's business is transferred, all of its employees will normally be "assigned" to that business for the purposes of the Transfer of Undertakings Regulations, holds the EAT in Duncan Web Offset (Maidstone) Ltd v Cooper and others [1995] IRLR 633. It will take persuasive evidence to suggest otherwise, and such evidence would have to show, at the very least, that the bulk of an employee's time and responsibilities were devoted to other businesses within a corporate group.

Passmore International Ltd ("International") was a parent company which owned a number of subsidiary companies in the printing industry.