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19 November 2010
Court of Appeal
Arden, Elias, Pitchford LLJ
T worked for Alstom Transport as a Fleet Health Manager. He was supplied via an agency arrangement involving a contract between T and S Limited, a further contract between S Limited and M Limited and a further contract between M Limited and Alstom. The contract between S Limited and M Limited provided that T would be supplied to work for Alstom but that neither M Limited nor the ‘client' (Alstom) were to exercise any control over T.
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The status of employment rights on the transfer of an undertaking is an extremely complex area of...