In respect of employees who are
suspended, sick, on holiday, on
study leave or on maternity
leave at the date of the transfer, the question about whether they transfer to the new contractor was answered by HHJ Burke QC in Fairhurst Ward Abbotts Ltd v Botes Building Ltd [2003] EAT / 1007/00 / DA (March 2003), subsequently approved by the Court of Appeal [2004] IRLR 304 and followed in the writer's own case of United Guarding Services v St James Security Group Ltd [2004] All ER (D) 158 (EAT):