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

Transfer of undertakings: Transferee cannot evade Regulations by refusing to take on transferor's workforce

This report relates to 1 case(s)

  • expand disabled

    ECM (Vehicle Delivery Services) Ltd v Cox and others [1998] IRLR 416 EAT (0 other reports)

It was not possible for an incoming contractor to cause the Transfer of Undertakings Regulations to be disapplied by refusing to take on the outgoing contractor's employees, holds the EAT in ECM (Vehicle Delivery Services) Ltd v Cox and others 15.5.98 EAT 27/96. If it had taken them on, there could have been no room for argument but that there had been a transfer of a discrete economic entity, as distinct from a mere activity, which retained its identity after the transfer.