This is a preview. To continue reading please log in or Register to read this article

Transfer of undertakings: Pre-sale negotiations did not effect transfer

This report relates to 1 case(s)

  • expand disabled

    Longden and Paisley v Ferrari Ltd and Kennedy International Ltd [1994] IRLR 157 EAT (0 other reports)

The pre-sale negotiations and financial agreements entered into between the administrators of a company and a prospective purchaser did not constitute a series of transactions "effecting" a transfer of the undertaking, holds the EAT in Longden and Paisley v Ferrari Ltd and Kennedy International Ltd (1). The EAT also upholds the industrial tribunal's decision that, as the applicant employees were dismissed before the final transfer of the undertaking was effected, and for reasons which were found to be unconnected with the transfer, they were not employed "immediately before" the transfer, and their dismissals were not unfair.