Representation:

if a contract for supply of services in a labour intensive operation (in this case the provision of security services at a shopping centre) is transferred to a new contractor, it is appropriate for the purpose of deciding whether there has been a "relevant transfer" for the purposes of the Transfer of Undertaking (Protection of Employment) Regulations 1981 (so that staff employed by the outgoing contractor will have their employment contracts automatically transferred to the new contractor) to consider whether the reason or principal reason for the incoming contractor trying not to take on the previous staff was precisely in order to try avoid the application of the Regulations.

For relevant general notes see Transfer of business or undertaking/what is a ''relevant transfer''? and Transfer of business or undertaking/what is an ''undertaking''?