Skip to main content
Legal news

TUPE and unknown transferees

Jonathan Winston Jonathan Winston
1 min read
This blog is more than 14 years old

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

This is the third time I’ve used Winston Solicitors and Sidraa has been fantastic in each. Highly proactive and responsive, clear communication and moves things along quickly. Will always be my first choice in future purchases.
D. Paige, Staffordshire
Winston Solicitors (in particular, Samantha Robertson-Strong and Aishah Zahir) were absolutely brilliant. Our case was handled perfectly from start-to-finish. We always felt we were in good hands, all of our queries were responded to quickly, and each step of the process was very well explained. We would 100% recommend this firm to everyone. Thank you so much!
T. Kirkbride, North Yorkshire
Clear precise information. Spot on and explained everything clearly. 
Anonymous, Shropshire
Very pleased with how my claim was dealt with by very friendly and helpful staff.
Anonymous, Shropshire
The service provided was excellent. My family have used your services on three occasions. In every case we have been totally satisfied.
David. B, West Yorkshire
I had no idea about the compensation claim but once I got in touch with you I was pleasantly surprised by the speed and efficiency of your service. Many thanks.
Anonymous, East Sussex
My compensation claim against the Eastwood Park Detention Centre was handled by Winston Solicitors very kindly and professionally.
Anonymous, Glamorgan
It was a sad time for me, but I'm grateful that there are people who listen. Thank you for your help in this matter.
Anonymous, Carmarthenshire
Contact us