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 Amanda very easy to deal with, she kept me in the loop and informed throughout the process, spoke in a language I understood and didn’t overpromise. She’s very professional, happy to answer questions, always courteous and knowledgeable.
Anika
Excellent job by Michelle with my conveyancing. Clear communication. Rapid responses. Everything you could want.
Graham
Michelle was our conveyancer for our recent house purchase. Her professionalism, thoroughness and quick responses throughout the process made the purchase as easy as possible for us - we are very grateful to her and the rest of the team at Winston Solicitors for their work.
Anonymous
had a great experience with winston solicitor company. The team was professional, friendly, and helpful throughout the whole process. Joe Rawnsley was fantastic. He kept me informed, answered all my questions, and made everything straightforward and stress-free. I’m very happy with the service I received and would highly recommend them to anyone looking for a reliable and trustworthy solicitor.
Bijan
They are very quick in replying and clarifying your questions. Also very smooth transaction process overall.
David
I have now used Winston’s for a number of services and highly rate them all round. My most recent experience was of their conveyancing team who have again been helpful from start to finish with the sale of my previous property and new purchase. The new purchase was not straight forward but Winston’s managed this extremely well with even the estate agent noting how helpful they were. I’m very appreciative to Michelle for her all her help with this
Jo
I used this practice for the conveyancing services (Michelle Ayres specifically). I could not recommend this practice more. I was away working outside of England for much of the time my house sale went through and I could not fault the communication, professionalism and advice I was given. Emails were responded to in a timely manner, they were fantastic throughout all negotiation with my buyer, were brilliant in explaining anything “legal speak” offered appropriate advice and really pushed on this process to ensure it moved from offer to exchange and completion. Really couldn’t recommend more.
Miss B
Amanda had been excellent from start to finish in our compensation claim. She has explained things very clearly at every stage and always answered our queries in a way that we could understand. She has a very friendly, professional and approachable demeanor and we would not hesitate to recommend her to anyone wanting to pursue a litigation claim.
David
Contact Jonathan