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Transfer of undertakings: No conflict between ERA and TUPE on continuity

This report relates to 1 case(s)

  • expand disabled

    Castro v D36 Ltd [2004] All ER (D) 287 (Jul) EAT (0 other reports)

Key points

In D36 Ltd v Castro, the EAT holds:

  • There is no conflict between s.218(2) of the Employment Rights Act 1996 (the "ERA") and reg. 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981 ("TUPE").