Source: All England Reporter
Publisher Citation: [2005] All ER (D) 205 (Jul)
Court: Employment Appeal Tribunal
Judge:

Judge Peter Clark, Mr A Harris and Mr S Yeboah
Representation Martin Westgate (instructed by Thompsons) for the employees.
  Katherine Newton (instructed by Beachcroft Wansbroughs) for the trust.
  Thomas Croxford (instructed by Pinsent Masons, Leeds) for the university.
Judgment Dates: 14 July 2005

Catchwords

Employment - Continuity - Transfer of trade, business or undertaking - Employment tribunal finding that no relevant transfer had taken place - Whether tribunal in error.

The Case

The Employment Appeal Tribunal allowed the appeal by the trust and the university against the employment tribunal's decision that an undertaking had not been transferred from the appellants, pursuant to Transfer of Undertakings (Protection of Employment) Regulations 1981, , on the ground that the tribunal had failed to take into account relevant factors and had taken into account irrelevant factors in reaching its decision.

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