Ward Brothers (Malton) Ltd v Middleton and Others [2013] UKEAT/0249/13/RN

Posted In: Case Law
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: TUPE; Insolvency

This case concerned an appeal against a decision that the claimants had transferred to the transferee (C) due to the fact that the official appointment of administrators to the haulage company Bulmers (B) had taken place after the transfer.

It was argued the potential administrators acted in a purely consultative capacity when they were asked (prior to the transfer) about the inevitability of a termination of the business’ trading activity and the likelihood of a voluntary winding up. B was in severe financial difficulties and a winding up order had been issued by HMRC. Trading activities ceased on Friday and C adopted the business’ major contracts on the Monday.

Before B reached the stage

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This article is correct at 06/12/2013

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