Kavanagh and others v Crystal Palace FC Ltd and another [2014] IRLR 139 CA
Reports relating to this case:
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TUPE: Administrator did not dismiss employees to facilitate sale
- Date:
- 30 June 2014
In Kavanagh and others v Crystal Palace FC Ltd and another [2014] IRLR 139 CA, the Court of Appeal held that the EAT had been wrong to interfere with an employment tribunal's judgment that an administrator had dismissed employees for an "ETO" reason. On the facts, the dismissals had been effected in order to enable the company to continue to trade and avoid liquidation.
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TUPE: avoiding liquidation can constitute an ETO reason, confirms Court of Appeal
- Date:
- 20 November 2013
The Court of Appeal has held that, where the reason for a TUPE-related dismissal is to continue running a business and to avoid liquidation, this can constitute an economical, technical or organisational (ETO) reason entailing changes in the workforce, meaning that such a dismissal is not automatically unfair.