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Transfer of undertakings: Dismissal by receivers at transferee's request was for ETO reason

This report relates to 1 case(s)

The EAT holds in Thompson v SCS Consulting Ltd and others that an employment tribunal was entitled to find that an employee who was dismissed by the receivers of an insolvent transferor at the request of the transferee prior to the transfer of the undertaking, in circumstances where all employees would have been dismissed had the transferee not taken over the business, was dismissed for an "economic, technical or organisational" reason within the meaning of the TUPE Regulations.