Balfour Beatty Power Networks Ltd & Interserve Industrial Services Ltd v Wilcox, Seymour, ors, and IM Realisation Ltd - Transfer of Undertakings: Consultation ; Practice & Procedure: Appellate Jurisdiction - new on EAT website 3/1/06
The TUPE regulations apply there must be a transfer of an undertaking. Can a "stable economic entity" (ie an undertaking for TUPE purposes) arise out of work done under contract where the contract could be terminated at will or others brought in to do the work in substitution. The EAT website summary of this case poses the question but rather unhelpfully fails to summarise the answer. Para 34 of Mr Justice Langstaff's judgment has the answer - go and look at it if you want to know the answer - a link is provided here.