Transfer of undertakings: Asset-reliant entity could transfer even though assets left behind
This report relates to 1 case(s)
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P&O Trans European Ltd v Initial Transport Services Ltd and others [2003] IRLR 128 EAT (0 other reports)
Key Points
- In P&O Trans European Ltd v Initial Transport Services Ltd and others [2003] IRLR 128, the EAT holds that an employment tribunal that fully set out the facts surrounding a putative transfer of an asset-intensive undertaking, and weighed in the balance all the relevant factors - including the fact that certain tangible assets did not transfer - did not err in law in finding that there had been a relevant transfer for the purposes of the TUPE Regulations.
- Even if the tribunal had had the decision of the ECJ in Oy Liikenne [2001] IRLR 171 before it, the result would have been no different.
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