Case report round-up: Employees of a business in administration will transfer under TUPE
XpertHR's latest case reports cover:
- TUPE: Automatic transfer of employees where transferor in administration In OTG Ltd v Barke and other appeals [2011] IRLR 272 EAT, the EAT held that the purpose of administration proceedings under the Insolvency Act 1986 is to rescue the business as a going concern, not to liquidate its assets. Accordingly, employees of a business in administration will transfer under TUPE when the business is sold to a transferee. (Employment Review)
- Tribunal jurisdiction: Hong-Kong-based cabin crew worked partly at an establishment in Great Britain In British Airways plc v Mak and others [2011] EWCA Civ 184 CA, the Court of Appeal upheld the tribunal’s decision that it had jurisdiction to hear discrimination claims by Hong-Kong-based cabin crew because the claimants worked partly at an establishment in Great Britain. (Employment Review)
- Football manager was constructively dismissed In Mcbride v Falkirk Football & Athletic Club EATS/0058/10, the EAT held that changes made by a football club to a manager's duties constituted a fundamental breach of contract entitling him to claim constructive dismissal. (Personnel Today)
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