||All England Reporter
|| All ER (D) 428 (Feb)
||Employment Appeal Tribunal
Judge Wilkie QC
||26 February 2004
Employment - Transfer of undertakings - Relevant transfer - Identity of entity - Tribunal concluding entity not keeping identity as minority of workforce transferred - Correctness of decision.
In the circumstances of the case, which involved an alleged transfer of undertakings, the employment tribunal had fallen into error in so far as it held that the relevant economic entity had not retained its identity on the basis that only a numerical minority of the workforce was deemed to have transferred; it had failed to consider that issue by reference to the distinct question of whether those persons constituted a major part of the workforce.
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