Source: IRS Employment Review Issue: 905 Date: 15/09/2008 Publisher: IRS

TUPE: Transferee that ordered pre-transfer dismissal liable for automatically unfair dismissal

TOPICS:
terms, conditions and employee rights general rights
termination of employment  dismissal

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

(1) Perry's Motor Sales Ltd (2) Perry's Burnley Ltd v Lindley EAT/0616/07 (2 reports)


In (1) Perry's Motor Sales Ltd (2) Perry's Burnley Ltd v Lindley EAT/0616/07, the EAT held that a transferee that ordered the pre-transfer dismissal of an employee who had previously brought proceedings against it was liable for automatically unfair dismissal regarding the assertion of a statutory right.

Key points

  • Regulation 4(2)(b) of the TUPE Regulations 2006 does not simply operate as a mechanism whereby liabilities and other matters are passed to the transferee under reg.

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