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Balfour Beatty Power Networks Ltd & anor v Wilcox, Seymour and ors - TUPE - CA 21.9.06

An outsourcing contract can be a "stable economic entity" (so that a transfer of it can be a transfer of an undertaking within the meaning of the TUPE regulations) even though it does not contain any guarantee of the amount of or the continuation of work and even though under its terms it can be terminated at will or others can be brought in to do the work in substitution. Further the fact that plant and equipment is leased by the transferor and therefore cannot transfer to the transferee does not prevent there being a TUPE transfer.

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