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Defining the meaning of a transfer of an undertaking in the context of outsourcing has led to much litigation. After years of discussion the Acquired Rights Directive, which has been the source of much confusion and misunderstanding, has been amended. Unfortunately, the new Directive does little more than follow the approach of the European Court of Justice and has done little to make matters more certain. This article examines the change of definition and argues that they are inadequate.
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