The EAT has confirmed that it is not necessary for the eventual transferee to have been identified in order for an employee, dismissed in the run up to a transfer, to claim automatic unfair dismissal by reason of a relevant transfer under TUPE (Spaceright Europe Ltd v Baillavoine & another).
United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, Discrimination, Employment tribunal, Unfair dismissal, Precondition, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Chief executive officer, Employment Appeal Tribunal
This recent case in the Employment Appeal Tribunal (EAT) is one of the first to examine how the insolvency provisions in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) should apply and, in particular, the circumstances in which employment liabilities passed under TUPE to the buyer of the assets of an insolvent company.
Facts
This case involved a "pre-pack" administration.
United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, Bankruptcy, Shareholder, Marketing, Liability (financial accounting), Liquidation, Unfair dismissal, Precondition, Department for Business, Enterprise and Regulatory Reform, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal