TUPE Update: Automatically Unfair Dismissals; EU Acquired Rights Directive

Posted in : TUPE Updates on 9 May 2019
Dr John McMullen
Spencer West LLP
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 [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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This article is correct at 09/05/2019

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

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