Amaryllis v McLeod and others

Employment – Transfer of undertaking. The Employment Appeal Tribunal held that, in considering whether there had been a service provision change, within the meaning of reg 3(1)(b)(i) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, the employment tribunal (the tribunal) had failed to reach permissible conclusions on the facts and had not adequately addressed the issue of what the principal purpose of the relevant organised grouping of workers had been at the relevant time. The tribunal's finding that there had been a relevant transfer, within the meaning of reg 3(1)(b), from Millbrook Furnishings Ltd, which had a contract with the Ministry of Defence, to the appellant company, Amaryllis Ltd, was set aside.

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