TUPE SI 2006/246 reg 4(1) provides (as did reg 5(1) of TUPE 1981) that, in addition to being assigned to the undertaking or business being transferred, the person employed by the transferor must be someone whose contract of employment 'would otherwise be terminated by the transfer'. In relation to the conundrum posed by these words, one (now discredited) view is that contracts of employment are no different from other contracts in that they can only be terminated by a repudiatory breach in the event of that breach being accepted by the innocent party (see, for example, Thomas Marshall (Exports) Ltd v Guinle [1978] IRLR 174, [1978] ICR 905, ChD). Regulation 4(1) of TUPE 2006 appears, like its predecessor, to assume automatic termination and only really works on this basis. Litster v Forth Dry Dock & Engineering Co Ltd [1989]