Overview

Following Spaceright Europe Limited v Baillavine, the Court of Appeal has clarified the case law relating to when a dismissal is automatically unfair under TUPE.

The case's claimant had been chief executive of Ultralon Holdings Limited, a company which went into administration on 23 May 2008. Mr Baillavine was dismissed along with 43 other employees of the company on that day. On 25 June the administrators sold the business and assets of Ultralon to Spaceright Europe Limited.

The Employment Tribunal found that the claimant's dismissal was connected to the transfer and was not for an ETO reason. Consequently, Mr Baillavine had been automatically unfairly dismissed and liability for that dismissal passed to Spaceright.

In this briefing, Shoosmiths provides background information on TUPE regulations, the facts of the case in question and why the Court of Appeal rejected Spaceright's appeal.

Click 'View Briefing' for more details.