2702717
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Flashcards by skirdaghgirl, updated more than 1 year ago
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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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