§ Mr. FisherTo ask the Secretary of State for Employment (1) what are the implications of the judgment of the European Court of Justice in the Schmidt case on Her Majesty's Government's implementation of the Transfer of Undertakings (Protection of Employment) Regulations 1981 and the 1993 guidance on TUPE;
(2) what are the implications of the attitude of Her Majesty's Government to the European Court of Justice's decision in the Schmidt case for Her Majesty's Government's policy in respect of the Rask case.
§ Mr. Michael ForsythUnited Kingdom courts and tribunals will take account, in appropriate cases, of the judgment in the Schmidt case, case C-392/92, and the existing case law of the Court, including the Rask judgment, in determining whether there has been a transfer of an undertaking. The Government are considering the implications of the judgment in relation to the guidance issued by my right hon. Friend the Chancellor of the Duchy of Lancaster on 11 March 1993, but the key requirement to look at each case on its own facts remains.