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Transfer of undertakings: Disparate group of employees was not "economic entity"

This report relates to 1 case(s)

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    Wynnwith Engineering Co Ltd v Bennett and others [2002] IRLR 170 EAT (0 other reports)

A group of employees who had taken early retirement but had been later re-engaged because of an upturn in their employer's business was not an economic entity capable of being transferred within the meaning of the Transfer of Undertakings Regulations, holds the EAT in Wynnwith Engineering Co Ltd v Bennett and others 11.12.01 EAT 480/00. The employees were a disparate group who performed a wide variety of functions throughout the employer's plant, and the employment tribunal erred in law in identifying them as an economic entity merely on the basis of their employment status.