Ibex Trading Co Ltd (in administration) v Walton [1994] IRLR 564 EAT

The Court of Appeal in Spaceright Europe Ltd v Baillavoine and another decided that, for there to be an automatically unfair dismissal under TUPE, there does not need to have been a particular transfer or transferee in existence or in contemplation at the at the time of the dismissal. The Court of Appeal disapproved the EAT on this point.

Reports relating to this case:

  • Transfer of undertakings: No prospective purchaser at time of dismissal

    Date:
    1 October 1994

    Employees who were dismissed before any offer had been made to buy their employer's business were not dismissed by reason of a transfer, or for a reason connected with that transfer, holds the EAT in Ibex Trading Co Ltd (in administration) v (1) Walton and others (2) Alpine (Double Glazing) Co Ltd.