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- Date:
- 15 June 1996
- Type:
- Employment law cases
An industrial tribunal was entitled to find that an employee objected to transferring to a new employer and informed his employer of that objection, holds the EAT in Hay v George Hanson (Building Contractors) Ltd.
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- Date:
- 1 May 1996
- Type:
- Employment law cases
In Wilson and others v St Helens Borough Council, the EAT holds that the Transfer of Undertakings Regulations prohibit even a consensual variation in the terms and conditions of employment of employees transferred where the transfer of the undertaking is the reason for the variation
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- Date:
- 1 January 1996
- Type:
- Employment law cases
Where the whole of an employer's business is transferred, all of its employees will normally be "assigned" to that business for the purposes of the Transfer of Undertakings Regulations, holds the EAT in Duncan Web Offset (Maidstone) Ltd v Cooper and others.
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- Date:
- 1 July 1995
- Type:
- Employment law cases
An industrial tribunal was entitled to find that fundamental changes in the nature of the business carried on in a hospital shop after it was contracted-out to a private operator had "destroyed" any identity between the latter business and its predecessor, holds the EAT in Mathieson and another v United News Shops Ltd.
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- Date:
- 1 May 1994
- Type:
- Employment law cases
The "Business Transfers" Directive covers a situation in which an employer contracts-out cleaning operations which were previously performed in-house, even though prior to the transfer the work was being done by only one employee, rules the European Court of Justice in Schmidt v Spar-und Leihkasse der früheren Ämter Bordesholm, Kiel und Cronshagen.
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- Date:
- 1 January 1989
- Type:
- Employment law cases
In Landsorganisationen i Danmark v NY Molle Kro [1989] IRLR 37 ECJ, the European Court of Justice held that the Acquired Rights Directive (EEC Directive 77/187) is applicable where, following a legal transfer or merger, there is a change in the legal or natural person who is responsible for carrying on the business and who by virtue of that fact incurs the obligations of an employer vis-a-vis employees of the undertaking, regardless of whether or not ownership of the undertaking is transferred.
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- Date:
- 4 August 1987
- Type:
- Employment law cases
In Institution of Professional Civil Servants and others v Secretary of State for Defence the High Court rejects a complaint by various trade unions that the Secretary of State had not Informed and consulted them about a proposed transfer of two dockyards to commercial management, as required by s.1 of the Dockyard Services Act 1986.
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- Date:
- 31 December 1986
- Type:
- Employment law cases
In Spijkers v Gebroeders Benedik Abbatoir CV 24/85 [1986] ECR 1119 ECJ, the European Court of Justice ruled that Article 1(1) of the Acquired Rights Directive must be interpreted to the effect that the expression 'transfer of an undertaking, business or part of a business to another employer' envisages the case in which the business in question retains its identity.
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- Date:
- 4 June 1985
- Type:
- Employment law cases
In Delabole Slate Ltd v Berriman the Court of Appeal upholds the EAT's decision that a dismissal which occurs as a consequence of a change in terms of employment following the transfer of an undertaking is not a dismissal for "an economic, technical or organisational reason entailing changes in the workforce", and so is automatically unfair under reg.8(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.