Business transfers and the "multi-factorial" approachPosted in : TUPE Updates on 8 November 2016
In the year 2000, in Cheesman v R Brewer Contracts Limited, Mr Justice Lindsay, the then President of the Employment Appeal Tribunal summarised the current rules on business transfers under the Acquired Rights Directive and the TUPE Regulations and coined a "multi-factorial" test for employment tribunals to use in deciding whether there has been a business transfer under TUPE. Our featured case is one where an employment tribunal was criticised for not following the Cheesman multi-factorial approach.
Business transfers and the "multi-factorial" approach
In ALNO (UK) Ltd v Turner
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