Crystal Palace FC Ltd & Anor v Kavanagh & Ors [2013] EWCA Civ 1410

Posted In: Case Law
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Dismissal, Transfer of Undertaking (TUPE)
Issues covered: TUPE; Unfair Dismissal; ETO reasons

This case concerns a football club which had been owned by the appellant. In January 2010 the appellant went into administration and the administrator sought to sell the club as a going concern. The Appellant signed a sale purchase agreement, which was held in escrow pending an agreement for the sale of the club’s stadium. The administrator claimed that unless staff costs were reduced the club would have to be liquidated. In May the Administrator dismissed 29 non-playing members of staff including the Claimant. In June, the sale of the club to the appellant was agreed. The question which arose was whether or not the dismissal of the Claimant was unfair under TUPE regulation seven.

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This article is correct at 15/11/2013
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