Liability Risk and Insurance
Rights of employees preserved on transfer
An undertaking had been transferred and an employment tribunal had ruled that a number of employees had been unfairly dismissed
because there had been a relevant transfer. The appeal asked whether there could be a transfer of undertakings when the business
had been split up on transfer, and then part of the business acquired again. The Appeal Tribunal dismissed the appeal, and
ruled that employees’ rights can be preserved when an undertaking is transferred, even if the business was split up.