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Transfer of undertakings: Personal assistant was not assigned to relevant undertaking

This report relates to 1 case(s)

  • expand disabled

    CPL Distribution Ltd v Todd [2003] IRLR 28 CA (0 other reports)

Key points

  • In CPL Distribution Ltd v Todd and others 1 [2003] IRLR 28, the Court of Appeal holds that an employment tribunal did not err in finding that a personal assistant, whose manager had duties in different parts of the business, was not assigned to the part of the undertaking transferred by her employer when it lost a contract, notwithstanding that the majority of her work related to the contract transferred.
  • The tribunal was entitled to take into account that the employee was effectively assigned to her manager as his personal assistant, that there was no evidence that the manager was assigned to the undertaking transferred either, and that this was a strong pointer that neither of them was part of the "human stock" of the undertaking transferred.