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

I found Sidra from Winstons very competant and diligent when she was handling my property purchase.
Lynne
Winston Solicitors' service has been second to none, and we are very happy to have had them as our solicitors. Michelle, our conveyancer, was always friendly, always reachable and responded very quickly to our queries which helped us out a lot as we were very inexperienced with house buying. Would highly reccomend.
Mr Berteloot-Chapman
I appreciated your help in drafting and finalizing my will. Everything was explained clearly and I felt relieved that you were handling things on my behalf. Excellent service. Thank you!
Michael M., Japan
Staff were absolutely fantastic, and the tracker to see the progress is fantastic. Thank you Winston Solicitors.
Sarah N.
Michelle was extremely helpful throughout the buying process. Every issue was dealt with promptly The level of efficiency and professionalism kept us reassured during what became a very protracted purchase. I wouldn't hesitate to return for a future purchase or any other legal matter.
Sam B., United Kingdom
Always professional but puts you at ease straightaway. So happy with all the members of staff who helped me, Will definitely recommend you to friends and family
Shirley G.
We had a lovely experience with buying our first home, the solicitors made sure they stayed in touch and explained everything that was going on or let us know about any changes. We felt completely stress free and would 100% only use Winston Solicitors in the future! Very polite and nothing was ever too much. Thank you.
Luke, West Yorkshire
Great communication and very efficient, brilliant service.
Victoria G
Contact us