This Spijkers v Gebroeders Benedik Abbatoir CV, 1986 case has led to what is referred to in Europe as “Spijkers Criteria”. These are to be considered when it comes to deciding whether there has been a Transfer of a business operation (“an undertaking”) or not. The criteria are: 1 was the undertaking a stable undertaking with an ongoing life of its own? 2 has the entity retained its identity? 3 have some or all of the staff been taken over by the new employer? 4 has the customer base transferred? 5 are the activities post transfer similar to those carried on before …