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Pressure Coolers Ltd v Molloy & Others - insolvent employers, pre-pack administrations, TUPE transfers, and liability for employee's losses

Where an employee is transferred, by way of "pre-pack administration" TUPE transfer, and subsequently unfairly dismissed by the transferee employer, that transferee employer is liable for post-transfer losses which simply could not have arisen until after the transfer, such as notice pay and unfair dismissal compensation. The Secretary of State is only required to meet, from the NI Fund, certain liabilities which had already crystallised at the point of transfer (such as unpaid wages or holiday pay). 

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