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Transfer of undertakings: Employee's objection to transfer meant no dismissal

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    Hay v George Hanson (Building Contractors) Ltd [1996] IRLR 427 EAT (0 other reports)

An industrial tribunal was entitled to find that an employee objected to transferring to a new employer and informed his employer of that objection, holds the EAT in Hay v George Hanson (Building Contractors) Ltd 21.2.96 (S)EAT 821/95. Accordingly, he was treated under the Transfer of Undertakings Regulations as having terminated his own employment. The EAT's view is that "objection", in this context, should be construed in a commonsense way to mean a refusal to accept the transfer.