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

This report relates to 1 case(s)

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    Betts and others v Brintel Helicopters Ltd and KLM ERA Helicopters (UK) Ltd [1997] IRLR 361 CA (0 other reports)

The EC Business Transfers Directive, and therefore the domestic Transfer of Undertakings Regulations, did not apply to a change in the contractor providing contracted-out helicopter services to a third party, holds the Court of Appeal in Betts and others v Brintel Helicopters Ltd and KLM ERA Helicopters (UK) Ltd 26.3.97 Court of Appeal. Applying the ECJ's recent ruling in Süzen, the Court finds that the absence of any transfer of the alleged transferor's assets or employees to the new contractor was fatal.