Transfer of undertakings: Transfer provisions apply only to commercial going concerns

Two recent decisions of the EAT confirm that neither the Transfer of Undertakings Regulations nor the provisions on continuity apply where a transfer does not put the transferee in possession of a "going concern". So, in Pittman v Davis Build pIc (in liquidation), an employee's continuity was not preserved on the sale of a building, since the transfer was of an asset rather than a business.