Cheesman and others v R Brewer Contracts Ltd [2001] IRLR 144 EAT

Transfer of undertakings: Absence of transfer of employees cannot be determinative

Date:

1 February 2001

The question of whether the whole or a majority of a transferee contractor's workforce is taken on by the putative transferor cannot be determinative of whether or not there has been a relevant transfer of an undertaking under the EC Business Transfer Directive and the domestic Transfer of Undertakings Regulations, holds the EAT in Cheeseman and others v R Brewer Contracts Ltd and Onyx (UK) Ltd v Cheeseman and others.