Gabriel v Peninsula Business Services Ltd & Anor [2012] UKEAT 0190_11_2302

This Employment Appeal‟s Tribunal concerned the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) to a business transfer where the transferee (the acquiring company) hadn‟t specified that TUPE applies to the transfer. The critical issue was whether the Employment Judge was entitled to find that the claimant‟s employment transferred from Frist Respondent to Second Respondent without her knowledge or consent. On 26 February 2009 an email was sent to the First Respondent's employees who were working for QDOS Taxwise, advising them that QDOS Taxwise Ltd had changed its name to Taxwise Services