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Transfer of undertakings: Transferee liable to pay pre-transfer profit-related pay

This report relates to 1 case(s)

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    Unicorn Consultancy Services Ltd v Westbrook and others [2000] IRLR 80 EAT (0 other reports)

A transferee company had a liability to pay profit-related pay to transferred employees pursuant to a scheme entered into by the transferor prior to the relevant transfer, holds the EAT in Unicorn Consultancy Services Ltd v Westbrook and others 16.9.99 EAT 892/98. The correct approach was not simply a matter of construction of the scheme but of how the scheme was to be construed and applied having regard to the transfer, the terms of the Transfer of Undertakings Regulations and their purpose.