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Transfer of undertakings: "Actual control and occupation" test endorsed for determining time of transfer

This report relates to 1 case(s)

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    Celtec Ltd v Astley and others [2001] IRLR 788 EAT (0 other reports)

In Celtec Ltd v Astley and others 7.3.01 EAT 293/00, the EAT holds that for the purposes of s.218(2) of the Employment Rights Act 1996, the Transfer of Undertakings (Protection of Employment) Regulations 1981 and the Acquired Rights Directive, a transfer is completed when the new employer enters into actual occupation and control of an undertaking.