TUPE - What is a Commercial Venture?: Alderson -v- Secretary of State

• Author:
• Daniel Barnett

A case of historical interest only. Regulation 2(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (better known as TUPE) used to define an 'undertaking' as including "any trade or business but does not include any undertaking or part of an undertaking which is not in the nature of a commercial venture."

The employees were employed by Liverpool City Council as refuse collectors. The refuse services were contracted out, and the employees were engaged by the new co... (138 more words)

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