the decisive criterion for establishing whether there is a transfer for the purposes of the Acquired Rights Directive 2001/23/EC is whether the business in question retains its identity. The application of the Directive is not precluded by the fact that only one employee was performing the activity prior to the transfer nor by the fact that the activity was merely ancillary to the transferor's main activities.

For relevant general notes see Transfer of business or undertaking/what is an ''undertaking''? and/or European Law/Directives etc/acquired rights directive .