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Transfer of undertakings: No change of employer on reorganisation of schools

This report relates to 1 case(s)

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    Governing Body of Clifton Middle School and others v Askew [1999] ELR 425 CA (0 other reports)

A teacher whose contract of employment was with a council was employed at all times by the council and not by the governing body of the school at which he worked, holds the Court of Appeal in Governing Body of Clifton Middle School and others v Askew 20.7.99 Court of Appeal. Neither the Transfer of Undertakings Regulations nor the EC Business Transfers Directive therefore applied to protect him on redundancy when the council ceased to maintain both that school and another school with which it shared a site, and replaced them with a larger school fulfilling broadly the same functions.