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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.

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