P Bork International A/S v Foreningen af Arbejdsledere i Danmark [1988] EUECJ C-101/87

TUPE: Potential transfer even with a long gap between contracts

A five-month gap between contracts did not prevent there being a transfer of an undertaking, explain Nicola Ihnatowicz and Anna Scott ‘The ECJ’s finding that a five-month gap in services did not necessarily preclude a finding that this was a going concern ties in with UK case law.’ The European Court of Justice (ECJ) has …

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Transfers of undertakings: TUPE trials and tribulations

Charles Wynn-Evans analyses recent decisions on transfers of undertakings and service provision changes under TUPE ‘As the EAT observed, “an issue affecting an employee’s conduct or competence, if suddenly acted upon at the point of transfer, is unlikely to be the sole or principal reason for the dismissal”.’ The courts and tribunals continue to grapple …

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