TUPE Update: Automatically Unfair Dismissals; EU Acquired Rights DirectivePosted in : TUPE Updates on 9 May 2019
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
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More TUPE Updates
- TUPE Update from Dr John McMullen – April 2020
- TUPE Update from Dr John McMullen - January 2020
- TUPE Update: Transfer of Minimum Wage Records
- TUPE Update: Failure to transfer tangible assets – determinative or not?
- TUPE Update: Construction of an indemnity clause; Continuity of employment; Automatic unfair dismissal
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