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Question Answer
Lister v Forth Dry Dock The directive cannot be avoided by dismissing the employees before the transfer.
CFSB v Padiachy The change in contract only occurred because of the transfer. The employees could not waive their rights under the directive even if they wanted to.
Sophie Redmond v Bartol Undertaking is not limited to commercial ventures.
Suzen v Zechnacker A stable economic entity whose activity is not limited to performing one specific works contract...an organised grouping of persons or assets.
Spijkers The essential question is whether the business is transferred as a going concern. There could still be a transfer even if the business has ceased trading.
Daddys Dance Hall The rights from the first employment had transferred to the second.
Kenmir v Frizzell Whether there has been a transfer is a question of substance rather than form.
Evendon v Guilford City A transfer means the whole concept of the business or a separate or severable part.
Bannon v EAT and Drogheda Town Council 1. Did it involve the retention of the business identity? 2. Was there a change in the person responsible for carrying out the business?
Caulfield v Campbell Catering There is no transfer of undertakings if one contract ends and another contract is given to someone else.
Schmidt v Sparund It could still amount to a transfer if there is retention of the business identity. It is irrelevant if only one employee is affected. This decision was criticised.
Cannon v Noonan Cleaning There was no transfer of equipment and no contractual relationship between the defendants. Therefore the directive did not apply.
Morris v Smart Brothers ETO reasons. Only one employee succeeded
Landorganisation I Danmark The reversion of a lease is a transfer of undertakings.
Novacolour v EAT and Brian Spain The defendant was classified as an employee of his own company and therefore his rights and entitlements transferred against the new employer.
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