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The Court of Appeal has held in the case of Spaceright Europe Ltd v Baillavoine that it is not necessary for a specific transferee to have been identified at the time the dismissal takes place in order for that dismissal to be unfair for the purposes of TUPE (ie for a reason connected with the transfer).
The court held that the claimant's dismissal by administrators was connected with a subsequent TUPE transfer, and the administrators' desire to make the business more attractive to potential transferees did not amount to an economic, technical or organisational reason for dismissal and was therefore automatically unfair.
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