TUPE Update: Automatically Unfair Dismissals; EU Acquired Rights Directive
Posted in : TUPE Updates on 9 May 2019
Dr John McMullen
Spencer West LLP
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 [2019] 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 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
Disclaimer:
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.
Dr John McMullen
Spencer West LLP
The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email drjohn.mcmullen@spencer-west.com
View all articles by Dr John McMullen