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:
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- Date:
- 1 June 1998
To determine whether or not an employee was unfairly dismissed before the transfer of a business by reason of "the transfer or a reason connected with it", in accordance with reg. 8(1) of the Transfer of Undertakings Regulations, an industrial tribunal should have asked itself whether a transfer to any transferee who might appear, or a reason connected with such a transfer, was the reason or principal reason for the employee's dismissal, holds the EAT in Morris v John Grose Group Ltd.
