Transfer of undertakings: Employees were not employed in part of undertaking transferred

There was no error of law in an employment tribunal's decision that two employees were not employed in branches of a chain of estate agents that were transferred to another estate agency, holds the Court of Appeal in Jones and another v Darlows Estate Agency 6.7.98 Court of Appeal. The tribunal had correctly asked itself whether or not the employees were assigned to the part of the undertaking transferred; it had made findings of fact that they were not, having been retained to deal with other branches that were not transferred; and its reasoning was not defective.