Pressure Coolers Ltd v Molloy and others  IRLR 630 EAT
Reports relating to this case:
TUPE: State not liable to make termination payments when dismissal effected post-transfer by solvent transferee
- 1 February 2012
In Pressure Coolers Ltd v Molloy and others  IRLR 630 EAT, the EAT held that, in circumstances where a dismissal occurred after a TUPE transfer, the transferee was liable for awards for unfair and wrongful dismissal. The fact that the transferor had been in administration did not create a deemed dismissal on the date of transfer in respect of which the Secretary of State became liable to make payments. On the facts, the insolvent transferor had not effected any dismissal.
- 15 June 2011
The Employment Appeal Tribunal has held that it is the transferee, rather than the Secretary of State, that is liable to pay the unfair dismissal basic award and notice of an employee who is dismissed after a "pre-pack" administration and TUPE transfer of the business as a going concern.