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Transfer of undertakings: No transfer of contracted-out cleaning service

This report relates to 1 case(s)

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    Superclean Support Services plc v (1) Lansana (2) Wetton Cleaning Services Ltd EAT/281/96 (0 other reports)

The circumstances of a change in the contractor providing contracted-out cleaning services to a third party and the absence of a concomitant transfer of assets or employees to the new contractor were indistinguishable from those that obtained in the Süzen case, holds the EAT in Superclean Support Services plc v (1) Lansana (2) Wetton Cleaning Services Ltd 20.5.97 EAT 281/96. It was therefore bound to apply the ECJ's ruling in that case to find that no relevant transfer occurred under the domestic Transfer of Undertakings Regulations.