Transfer of undertakings: Fundamental changes in business preclude transfer

An industrial tribunal was entitled to find that fundamental changes in the nature of the business carried on in a hospital shop after it was contracted-out to a private operator had "destroyed" any identity between the latter business and its predecessor, holds the EAT in Mathieson and another v United News Shops Ltd. There had consequently been no transfer of an identifiable economic entity for the purposes of the Transfer Regulations.