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Transfer of undertakings: Six-year transfer period meant secondees had transfer rights

This report relates to 1 case(s)

In Astley and others v Celtec Ltd [2002] IRLR 629 the Court of Appeal holds that the EC Business Transfers Directive is sufficiently widely worded to allow for a transfer of an undertaking to take place over a period of time. It is for the employment tribunal to determine the period over which the transfer took place and, in this case, the tribunal was entitled to find that the transfer occurred over a period of six years by way of a series of transactions whereby employees seconded from the civil service to the newly-created Training and Enterprise Councils took up employment with the latter. Accordingly, the secondees, who had directly enforceable rights under the Directive, were employed by the transferor in the undertaking at the time of the transfer, and their continuity of employment was preserved.