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Transfer of undertakings: Employees protected on change of contractor

This report relates to 1 case(s)

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    Securicor Guarding Ltd and others v Fraser Security Services Ltd [1996] IRLR 552 EAT (0 other reports)

In Securicor Guarding Ltd v Fraser Security Services Ltd and others 11.3.96 EAT 350/95, the EAT holds that there was a transfer of an identifiable economic entity to which the Transfer of Undertakings Regulations applied when the successful tenderer for an existing contract for the provision of security services to a site owner began to provide those services using its own staff. The original contractor's rights and obligations under the contracts of employment of two of its employees who had been assigned to the site therefore transferred to the new contractor, and the employees did not object to becoming employed by the new contractor so as to prevent that transfer.