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Transfer of Undertakings—Dismissals and Variations

Published online by Cambridge University Press:  01 March 1999

Thomas Roe
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Extract

In conjoined appeals in Wilson v. St. Helens Borough Council [1998] 3 W.L.R. 1070, the House of Lords considered two important questions concerning the Transfer of Undertakings (Protection of Employment) Regulations 1981, S.I. 1981/1794, which enact the Acquired Rights Directive (77/187/EEC): first, whether a purported dismissal of an employee, the reason or principal reason for which is the transfer of an undertaking, is effective or is a nullity, and secondly, the extent to which employees are free, expressly or by conduct, to accept variations by the transferee in their terms of employment.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 58 , Issue 1 , March 1999 , pp. 40 - 43
Copyright
Copyright © The Cambridge Law Journal and Contributors, 1999

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