TUPE Update: Automatically Unfair Dismissals; EU Acquired Rights DirectivePosted in : TUPE Updates on 9 May 2019 Issues covered:
In this Update we report on the automatic unfair dismissal TUPE case of Hare Wines Ltd v Kaur. And we take the opportunity to note activity at European Court level on the EU Acquired Rights Directive.
TUPE and automatically unfair dismissals
In Hare Wines Ltd v Kaur  EWCA Civ 216 the Court of Appeal (Underhill and Bean LJJ) has upheld the decision of the employment tribunal and the EAT (noted in our TUPE Update in October 2018) that the dismissal of an employee (Mrs Kaur) shortly before the transfer (because the new employer wanted to avoid employing her in view of ongoing difficulties in her working relationship with another employee) was by reason of the transfer, and hence
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More TUPE Updates
- TUPE Update August 2021 – Debts Upon Transfer and Identity of Employer
- Variations in Terms and Conditions Following the Transfer of an Undertaking
- Brexit and European Court Case Law on Transfers: EU Retained Case Law: How Will It Work?
- TUPE and Restrictive Covenants - Update from Dr John McMullen October 2020
- TUPE Update from Dr John McMullen July 2020
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.