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TUPE: State not liable to make termination payments when dismissal effected post-transfer by solvent transferee

This report relates to 1 case(s)

In Pressure Coolers Ltd v Molloy and others [2011] IRLR 630 EAT, the EAT held that, in circumstances where a dismissal occurred after a TUPE transfer, the transferee was liable for awards for unfair and wrongful dismissal. The fact that the transferor had been in administration did not create a deemed dismissal on the date of transfer in respect of which the Secretary of State became liable to make payments. On the facts, the insolvent transferor had not effected any dismissal.