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Transfer of undertakings: TUPE applies despite integration of transferred activity

This report relates to 1 case(s)

Where a company took on a subcontractor and his workforce as employees, this was a transfer covered by the Transfer of Undertakings Regulations despite the fact that the company intended to subsume the activity within its own business, holds the EAT in Farmer v Danzas (UK) Ltd. For TUPE to apply to the transfer, it was sufficient that the activities of the transferred undertaking were the same immediately after the transfer as they were immediately before it.