For sad TUPE anoraks, Landsorganisationen i Danmark v Ny Molle Kro and Daddy’s Dance Hall are classic cases, where transfers of leases of a bar and nightclub respectively were found to be transfers of undertakings. LOM Management Ltd v Sweeny (Transfer of Undertakings)  UKEAT was a case where the daughter of tenants of a Glasgow pub maintained that she was transferred to the new tenant when the lease was transferred. She argued that her situation was the same as in those cases. The employment tribunal agreed, but the Employment Appeal Tribunal took the view that while it was possible for the reversion of a pub tenancy to the brewery and reletting to a second to amount to a transfer of an undertaking, it would not do so unless there was evidence of a transfer of an economic entity which retains its identity, and according to the EAT there was no such economic entity in this case.
Interestingly (at least to anoraks),Details