LIST OF CASES / Oakland v Wellswood (Yorkshire) Ltd CA 2009

[2009] EWCA Civ 1094, Court of Appeal on 30th July 2009, reported at [2010] ICR 902 (also at [2010] IRLR 82)

NOTES

Oakland v Wellswood (Yorkshire) Ltd [2009] EWCA Civ 1094, Court of Appeal on 30th July 2009, [2010] ICR 902 (also at [2010] IRLR 82)

The full text of this judgment is available free of charge on the BAILII website.

Representation:

Ms C. Toman instructed by Messrs Runhams LLP Solicitors, Salts chambers, Salts Mill, Victoria Road, Saltaire, Shipley BD18 3LF for Mr Oakland, the Appellant.

Wellswood (Yorkshire) Ltd, the respondent, did not appear and was not represented..

Authority for the proposition that:-

the exemption from the TUPE regulations (Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246) where there is an insolvent transferor probably does not apply where there is a pre-pack sale of a business by the administrator of a company in administration - but the Court of Appeal avoided definitively answering the point as it decided the case on different grounds.

For relevant general notes see Continuous employment/take over or transfer of employers business and/or Transfer of business or undertaking/insolvent transferor/post-6.4.06 position

FINISH>
prepared October 2009