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Compass Group UK and Ireland t/a Scolarest v (1) Ms M M Burke (2) Ms V De-Graft-Enorzah (3) Mr A Elguenuni t/a Oasis Catering - TUPE [2007] EAT

The school kitchen where Ms Burke and Ms de-Graft worked for Compass closed for refurbishment. On re-opening the work was done by a different contractor, Oasis. The ladies were not retained, and claimed unfair dismissal. The question was, who did their claim lie against? The tribunal considered whether there had been a stable economic entity and a relevant transfer of an undertaking. It decided that there was neither and therefore there had not been a TUPE transfer.

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