This is a preview. To continue reading please log in or Register to read this article

Transfer of undertakings: Transfer not dependent on employee's knowledge

This report relates to 1 case(s)

  • expand disabled

    Secretary of State for Trade and Industry v Cook and others EAT/582/96 (0 other reports)

There is no precondition which requires employees to have knowledge of the fact of a transfer and the identity of the transferee before their employment contracts can be transferred under the Transfer of Undertakings Regulations, holds the EAT in Secretary of State for Trade and Industry v Cook and others 13.12.96 EAT 582/96. Any such requirement would significantly undermine the effectiveness of the protection which the Regulations and the EC Business Transfers Directive were designed to provide.