TUPE: no need for contemplation of specific transfer for automatic unfair dismissal

This report relates to 1 case(s)

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  Spaceright Europe Ltd v Baillavoine and another [2011] EWCA Civ 1565 CA (1 other report)

  • TUPE: Dismissal was connected with transfer despite no transferee being identified at time

    Date:

    25 June 2012

    In Spaceright Europe Ltd v Baillavoine and another [2011] EWCA Civ 1565 CA, the Court of Appeal held that a dismissal by an administrator was "connected with" a relevant transfer, even though the administrator did not have any particular transferee in mind at the time of the dismissal. Further, there could be no ETO reason for dismissal, when the reason was to make the business more attractive to purchasers rather than to facilitate continued trading.