There is an inherent conflict between the need to promote freedom of competition, and the need to restrict competition to promote continuity of employment. The transfer of undertakings regulations must apply to the re-allocation of public service contracts. The absence of any direct contractual connection between the transferor and transferee of a contract was important but not decisive as to whether the regulations should apply.
Citations:
Times 27-Feb-2001, [2001] IRLR 171, Case C-172/99, [2001] EUECJ C-172/99, C-172/99
Links:
Statutes:
Cited by:
Considered – ADI (UK) Limited v Firm Security Group Limited CA 22-Jun-2001
ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations.
Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a . .
Cited – Ronald McLeod, James Welsh v Charles Bingram T/Aphoenix Taxis Rainbow Cars Ltd T/A Rainbow Taxis EAT 22-Apr-2002
EAT Transfer of Undertakings – Transfer
A company purported to dissolve, but the business was then effectively resurrected by the second respondent. The claimants asserted that there had been a transfer . .
Lists of cited by and citing cases may be incomplete.
Employment, European
Updated: 04 June 2022; Ref: scu.162653