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Cunningham (1) Wilson (2) v Clydebank Engineering & Fabrication Ltd - TUPE transferee liable for dismissal by TUPE transferor [2011] EAT

If there is a TUPE transfer then the transferee becomes liable for any dismissal by the transferor that was done in connection with the transfer: it is wrong to strike out an unfair dismissal claim against the transferee as not being brought against the employer, simply on the basis that the dismissal was by the transferor. 

Messrs Cunningham and Wilson worked for Clydeview Precision Engineering & Supplies Ltd. Clydeview went into administration, its business was transferred to a new company Clydebank Engineering & Fabrication Ltd, and the administrators dismissed Cunningham and Wilson. They brought unfair dismissal claims against Clydebank based on their having been a TUPE transfer, but an Employment Judge (EJ) struck out their claims as having no reasonable prospects of success - the employer was Clydeview and the dismisser was Clydeview, so a claim against Clydebank was not against the employer as in law it must be.

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