Business transfers and the "multi-factorial" approach

Posted in : TUPE Updates on 8 November 2016
Dr John McMullen
Spencer West LLP
Issues covered:

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 UKEAT/0349/15/DA the EAT considered whether there was a business transfer under regulation 3(1)(a) of

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This article is correct at 08/11/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dr John McMullen
Spencer West LLP

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