Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Law for Business

Knowhow - guidance - precedents

12 SEP 2012

Pre-transfer dismissal

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.

Jordan Publishing Charities Administration Service

Jordan Publishing Charities Administration Service

The practical, reliable and easy-to-use guide on running your charity

Available in Charity Law Online
Jordan Publishing Company Administration and Governance

Jordan Publishing Company Administration and Governance

"This is an indispensable aid to the busy company secretary. The text is clear, the precedents...

Available in Company Law Online
Subscribe to our newsletters