Transfer of undertakings: Changes in the workforce

In Delabole Slate Ltd v Berriman 3.4.85 Court of Appeal the Court of Appeal upholds the EAT's decision that a dismissal which occurs as a consequence of a change in terms of employment following the transfer of an undertaking is not a dismissal for "an economic, technical or organisational reason entailing changes in the workforce", and so is automatically unfair under reg.8(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.

This case illustrates the difficulty transferees of a business may face if they want to change the terms of employment of employees in that business to bring them into line with the rest of the transferee's workforce.