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Transfer of undertakings: Incoming contractor cannot avoid transfer Regulations by refusing to take on workforce

This report relates to 1 case(s)

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    ADI (UK) Ltd v Willer and others [2001] IRLR 542 CA (0 other reports)

In ADI (UK) Ltd v Willer and others [2001] IRLR 542, a majority of the Court of Appeal holds that when there is a change of contractor providing a labour-intensive service and the incoming contractor does not take on the existing workforce, an employment tribunal is under a duty to consider the reason for that decision. If the reason or principal reason is to avoid the effects of the Transfer of Undertakings (Protection of Employment) Regulations 1981, the tribunal must treat the case as if the employees were transferred, strongly indicating, in the present case, that there had been a relevant transfer and that the Regulations did apply.