Skip to main content
Legal news

TUPE and unknown transferees

Jonathan Winston Jonathan Winston
1 min read

In a recent case the Court of Appeal held that a pre-transfer dismissal could be "connected with the transfer" within the meaning of regulation 7(1) of TUPE 2006, and therefore potentially automatically unfair, regardless of whether the identity of the transferee was known (or even contemplated) when the dismissal was carried out.

The court held that, in this case, the employment tribunal was entitled to find that the claimant's dismissal by administrators was connected with a subsequent TUPE transfer.

Further, the administrators' desire to make the business more attractive to potential transferees did not amount to an economic, technical or organisational reason for dismissal within the meaning of regulation 7(1). Therefore, the claimant's dismissal was automatically unfair.

Client feedback

Every part of the process was well explained and dealt with in a swift/timely manner.
Mark
Heidi was very helpful with my compensation application and was able to answer any questions I had in a timely matter
Anonymous
Very efficient and always available to answer any questions
Alastair
Winston Solicitors handled our recent house purchase and sale and provided an excellent service throughout. Sidraa Razaq, supported by Tom McIlroy, exhibited an outstanding professionalism, expertise, and responsiveness from te moment we first made contact, all of which made what was at times a less than straightforward transaction much easier to navigate. I'd have no hesitation in recommending them to others.
Kieran
Excellent service, very efficient and able to answer questions when needed.
Ben
Fast, excellent and highly professional conveyancing solicitors. Cannot recommend highly enough.
Anonymous
Winstons are brilliant, very responsive to messages, professional and patient. Fantastic customer service- face to face and email/telephone. Would 100% recommend!
Lucy
I recently contracted Winston Solicitors to support me in obtaining a grant of probate following the death of a parent. I worked closely with Emily and found her to be supportive, have great communication and be able to navigate the IHT and probate processes very efficiently.
John
Contact Jonathan