Brookes and 334 Others v Borough Care Services and CLS Care Services Ltd: EAT 4 Aug 1998

Where a transfer of a business had been arranged by way of a transfer of shares rather than of the business and particularly in order to avoid the Regulations, the transfer of shares took effect as a transfer of the undertaking and so the regulations caught the transaction, even though the Directive made no mention of such a transfer.


Gazette 10-Dec-1998, [1998] IRLR 636, [1998] UKEAT 210 – 98 – 0408, [1998] ICR 1198




Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)


England and Wales


CitedRockfon A/S v Specialarbejderforbunde I Danmark Acting for Nielsen and Others ECJ 17-Jan-1996
The term ‘establishment’ for the purpose of consultation on contemplated redundancies meant the work unit to which the relevant workers were assigned: ‘The term ‘establishment’ appearing in Article 1(1)(a) of Directive (75/129/EEC) must therefore be . .

Cited by:

CitedAstle and others v Cheshire County Council and Omnisure Property Management Ltd EAT 20-May-2004
EAT Issue whether Employment Tribunal asked itself the right question and/or was perverse in failing to find that the principal reason for the Council’s changed arrangements was to thwart TUPE and hence that the . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 18 May 2022; Ref: scu.78672